Acórdão nº 287/06.5TNLSB.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | ONDINA CARMO ALVES |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: AGRAVO Decisão: CONFIRMADA A DECISÃO Sumário: 1. Ao apuramento da legitimidade interessa apenas a consideração do pedido e da causa de pedir, independentemente da prova dos factos que integram a última e será tão somente pelo exame da petição inicial (sujeitos, pedido e causa de pedir) que se há-de decidir desta excepção dilatória, posto que a legitimidade ad causam, como pressuposto processual, não se prende com o mérito do pedido formulado na acção.
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No contrato de transporte marítimo de mercadorias o transportador obriga-se a transportar por mar determinadas mercadorias que lhe foram entregues em determinado porto por um carregador e entregá-las num outro porto a um destinatário, mediante o pagamento de uma remuneração, o frete, o que significa que são geralmente três as partes nesse contrato: o transportador, o carregador e o destinatário, se designado no contrato.
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O agente marítimo, como decorre do disposto no Decreto-Lei nº 76/89, de 3/7, actua como mandatário, não se podendo confundir a representação com a atribuição de responsabilidades, pois a actuação do agente marítimo ocorre por conta e em nome do armador.
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O Decreto-Lei nº 202/98, de 10 de Julho que estabelece o regime da responsabilidade do proprietário do...
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