Acórdão nº 077057 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1989 (caso None)
Data | 31 Janeiro 1989 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT VII PAG501. P LIMA RLJ ANO97 PAG32 NOTA5. G TELES DIR OBG 3ED PAG139. RT ANO82 PAG358.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART236 N2 ART286 ART289 N1 ART805 N3 ART806 ART1142 ART1185 ART1205. LOTJ87 ART29. CPC67 ART722 ART729. DL 190/85 DE 1985/06/24 ART2.
Sumário : I - O Supremo Tribunal de Justiça não pode conhecer de questões novas, levantadas na alegação de recurso para esse tribunal. II - O mutuo e, de sua natureza, um contrato real, no sentido de que so se completa pela entrega (emprestimo) da coisa, a qual como que representa uma transferencia de propriedade. III - Não se passa o mesmo com o contrato de deposito, que se caracteriza pela guarda da coisa, sem transferencia da sua propriedade. IV - Determinar se certo contrato e de mutuo ou de deposito irregular não e mais do que um problema de interpretação da vontade ou da intenção dos contraentes - materia de facto, portanto. V - O Supremo Tribunal de Justiça não conhece, em regra, senão de...
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