Acórdão nº 071381 de Supremo Tribunal de Justiça (Portugal), 15 de Março de 1984 (caso NULL)
| Magistrado Responsável | SANTOS SILVEIRA |
| Data da Resolução | 15 de Março de 1984 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: DL 334/78 DE 1978/11/17 ART5 ART7 N1 N2 ART8. DL 32675 DE 1943/04/29 PARUNICO. CCOM888 ART102 PAR1 PAR2 ART362. CCIV66 ART217 N1 ART559 N1 ART804 ART806 N1 N2. CONST82 ART8 N2. LULL ART15 ART48 N2 ART77. CCIV867 ART720 PARUNICO. DL 47344 DE 1965/11/25 ART3. DL 200-C/80 DE 1980/06/24. DL 262/83 DE 1983/06/16. DL 664/75 DE 1975/11/15 ART28 N1 B. AV BANCO DE PORTUGAL N2 DE 1978/05/06 IN DR SUPL. AV BANCO DE PORTUGAL N9 DE 1977/08/26 IN DR SUPL DE 1977/08/29. PORT 447/80 DE 1980/07/31. CPC67 ART273.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07 ART15 Sumário : I - No desconto bancario deparamos com um mutuo comercial. Em razão do preceituado no paragrafo unico do Decreto-Lei n. 32 675, de 29 de Abril de 1943, e artigo 102, paragrafo 1, do Codigo Comercial, não e possivel, naquele contrato, o recurso a clausula tacita de estipulação de juros, com base no artigo 217, n. 1, do Codigo Civil. II - Os limites maximos de juros compensatorios a que alude o artigo 5 do Decreto-Lei n. 344/78, de 17 de Novembro, são estabelecidos pelo Banco de Portugal, no ambito da sua competencia de orientação e controlo das instituições de credito, dependendo as taxas em cada operação bancaria dos periodos e montantes de utilização efectiva dos fundos pelo beneficiario e do acordado com este, em cada caso de financiamento ou concessão de fundos. III - Na falta de acordo entre o descontador e o descontario falta o pressuposto legal da fixação da taxa a sombra daquele preceito legal...
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