Acórdão nº 99B327 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1999 (caso NULL)
| Magistrado Responsável | ABILIO DE VASCONCELOS |
| Data da Resolução | 17 de Junho de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 446/85 DE 1985/10/25 ART19 B ART21 F ART22 N1 B. DL 220/95 DE 1995/08/31. CPC95 ART666.
Sumário : I - São nulas as cláusulas de utilização do cartão UNIVERSO do Banco Fonsecas e Burnay segundo as quais: a) o titular do cartão é sempre responsável, independentemente de culpa, por todas as operações com ele efectuadas até à recepção pelo Banco do aviso de perda, falsificação, furto ou roubo do cartão (cláusula 8 n. 1); b) qualquer das partes pode denunciar o contrato, a todo o momento, sem justificação ou aviso prévio (cláusula 10 n. 1); c) sempre que o PIN for utilizado presume-se que o foi pelo titular do cartão, implicando a assinatura das facturas de venda a confirmação da transacção realizada e o compromisso do reembolso do...
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