Acórdão nº 071237 de Supremo Tribunal Administrativo (Portugal), 22 de Fevereiro de 1984 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 22 de Fevereiro de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN BMJ N71 PAG53. F OLAVO DESCONTO BANCARIO PAG123.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: CPC67 ART722 N2 ART729 N1. D 23067 DE 1933/09/29. CCIV66 ART627 N1 ART628 N1. LULL ART31. D 32765 DE 1943/04/29 ARTUNICO.
Sumário : I - Nas operações bancarias conhecidas pela designação de "desconto para aceite bancario" reguladas pelo Decreto n. 23067, de 29 de Setembro de 1933, não se esta perante um verdadeiro desconto, mas antes em face de um contrato de mutuo que se traduz na entrega de certa quantia em dinheiro pelo Banco-aceitante ao sacador-descontario que este deve restituir aquele em determinado prazo. II - O referido contrato de mutuo, tendo sido efectuado por um Banco, pode provar-se por escrito particular, seja qual for o seu montante e seja ou não comerciante a outra parte (artigo unico do Decreto n. 32765, de 29 de Abril de 1943). III _ Tendo o contrato de mutuo sido celebrado entre um Banco e uma sociedade por quotas, sacadora das letras aceites pelo Banco; tendo os gerentes da sociedade mutuaria avalizado as mencionadas letras e subscrito, em nome proprio, uma declaração, constante...
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