Acórdão nº 081695 de Supremo Tribunal Administrativo (Portugal), 17 de Setembro de 1992 (caso None)
Data | 17 Setembro 1992 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA VARELA CCIV ANOTADO VII 3ED PÁG782. JEAN LANGE E MONIQUE RAYMOND DROIT BANCAIRE 4ED PÁG867. OBG DE INDEMNIZAÇÃO IN BMJ N84 N5 Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR CONTRAT / DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: DL 8/74 DE 1974/01/14 ART70 N2 ART85 N1. CPC67 ART667 N2 ART722 ART729. CCIV66 ART249 ART563 ART806 N1 N2 ART1149 ART1185. CSC86 ART327.
Sumário : I - O tribunal de recurso não pode conhecer e decidir questões novas. II - O depósito de títulos de crédito num banco onde o depositante tinha uma conta depósito à ordem, através da qual vinha depositando o dinheiro e títulos de crédito constitui um depósito de coisas fungíveis regular, e tem natureza real. III - No depósito regular, o depositário deve guardar e restituir eadem res móvel ou imóvel, que lhe foi entregue. No caso da restituição ser feita, não in natura, mas apenas em género, qualidade e quantidade, o depósito é irregular. IV - As acções ao portador transmitem-se pela entrega dos títulos, dependendo da posse das mesmas o exercício do direito de sócio, ou seja, pela entrega real. V - No depósito irregular, dá-se a transmissibilidade dos títulos, desaparecendo praticamente...
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