Acórdão nº 9821490 de Court of Appeal of Porto (Portugal), 23 de Fevereiro de 1999 (caso NULL)
| Magistrado Responsável | EMERICO SOARES |
| Data da Resolução | 23 de Fevereiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART664. CCIV66 ART405.
Jurisprudência Nacional: AC STJ DE 1986/06/17 IN BMJ N358 PAG567. AC RP DE 1989/10/12 IN CJ T4 ANOXIV PAG215.
Sumário: I - O depósito bancário, que tem sido considerado como um contrato de depósito irregular ou um contrato atípico ou inominado, consiste fundamentalmente na entrega de certa quantia em dinheiro a um Banco, para que este a restitua mais tarde, podendo entretanto o Banco utilizá-la. II - Sendo o depósito à ordem, o titular pode a todo o tempo dispor do dinheiro depositado sem prévio consentimento do Banco. III - Nos contratos de depósito bancário vigora o princípio da autonomia da vontade, podendo o depositante e o Banco determinar o respectivo...
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