Acórdão nº 083982 de Supremo Tribunal Administrativo (Portugal), 19 de Outubro de 1993 (caso None)
| Magistrado Responsável | PEREIRA CARDIGOS |
| Data da Resolução | 19 de Outubro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TíT CRÉDITO.
Legislação Nacional: D 32765 DE 1943/04/29 ARTÚNICO.
Jurisprudência Nacional: AC RE DE 1985/01/10 IN CJ TI ANOX PAG303.
Sumário : I - Constando das letras ou livranças que são "referentes a um financiamento para Crédito", está-se perante contrato de mútuo e não de desconto em sentido técnico-jurídico. II - Procede acção especial de venda de penhor, se a instituição bancária autora invoca o direito a certa quantia e juros emergentes da relação jurídica subjacente á subscrição de livrança desse tipo, e os réus não alegam nem a prescrição desse direito, nem o pagamento do mutuado e juros. III - Basicamente, o desconto bancário em sentido técnico...
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