Acórdão nº 062872 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1970 (caso NULL)
Magistrado Responsável | J SANTOS CARVALHO |
Data da Resolução | 06 de Janeiro de 1970 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV867 ART855 ART870 ART1529. CPC61 ART481 C ART661 N1 ART668 N1 C ART1008 N1.
Sumário : I - O contrato pelo qual uma pessoa faz confissão de divida de certo montante a outra ou outros, consignando-se que o pagamento se fara pelas forças dos lucros liquidos anuais que caibam a quota do devedor em certa sociedade e que a entrega anual desses lucros sera garantida pelo penhor dessa quota, deve ser qualficado como contrato de mutuo. II - Assim, na falta de convenção quanto ao lugar da entrega dos lucros anuais, funciona a regra supletiva do artigo 1529 do Codigo Civil de 1867, segundo o qual o pagamento se faz no domicilio do credor, e não a regra do artigo 744 do mesmo Codigo. III - A obrigação de entrega anual deve considerar-se vencida se a sociedade produziu lucros, havendo mora do devedor se eles não foram entregues nem postos a disposição do credor, sendo para tal efeito desnecessario a interpelação. IV - De qualquer modo, deve considerar-se vencida com citação para a acção intentada para a...
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