Acórdão nº 98A664 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1998 (caso None)
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 20 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1142. CPC95 ART713 N6.
Legislação Estrangeira: CCIV ITÁLIA ART1813. CCIV ESPANHA ART1740. CCIV AUSTRIA ART983. CCIV SUIÇA ART312. CCIV MÉXICO ART2384.
Sumário : I - O contrato tipificado de mútuo vertido no artigo 1142 do C.Civil, pode coexistir com um contrato atípico de mútuo quando um dos contraentes se obriga a entregar dinheiro ou outra coisa fungível ao outro, ficando este obrigado a restituir outro tanto do mesmo género e qualidade. II - A entrega de dinheiro é elemento indispensável ao aperfeiçoamento do mútuo legalmente típico...
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