Acórdão nº 069188 de Supremo Tribunal Administrativo (Portugal), 15 de Outubro de 1981 (caso None)
| Magistrado Responsável | RODRIGUES BASTOS |
| Data da Resolução | 15 de Outubro de 1981 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: FERNANDO OLAVO DESCONTO BANCÁRIO PAG122. ANTUNES VARELA DAS OBRIGAÇÕES EM GERAL 2ED V2 PAG335.
Área Temática: DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART228 N1 ART236 ART237 ART551 ART594 N1 A B. CPC67 ART668 N1 B D ART716 N1. DL 23069 DE 1933/09/19 ART1.
Sumário : I - Nas operações bancárias conhecidas pela designação de desconto por aceite bancário, porque não há para o Banco a contrapartida da cobrança de um crédito do beneficiário sobre terceiro, é prática comercial, comummente aceite, a de os descontários e seus garantes assumirem, na proposta do aceite, a obrigação de liquidarem o empréstimo, em que o negócio se traduz, subscrevendo, para tal, impressos fornecidos pelas próprias entidades bancárias. II - Constando da proposta do aceite "A letra acima indicada que junto remetemos tem os avales abaixo indicados cujos dadores estão inteiramente de acordo com tudo quanto precede aceitando solidariamente entre si e com esta Firma as obrigações assumidas nesta carta, e, para confirmar, assinam a seguir", um declaratário normal, colocado na posição do Banco, só podia...
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