Acórdão nº 068186 de Supremo Tribunal de Justiça (Portugal), 10 de Janeiro de 1980 (caso NULL)
Magistrado Responsável | HERNANI LENCASTRE |
Data da Resolução | 10 de Janeiro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR COM - TIT CREDITO. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART137 ART668 N1 D. CCIV66 ART437 N1.
Sumário : I - No desconto bancario, a relação juridica subjacente constitui-se a partir do adiantamento de uma quantia em dinheiro, com a obrigação de ser restituida numa determinada data, assumindo o caracter de uma obrigação comercial com o qual o conceito de favor não se coaduna. II - Mesmo que o portador da letra, o banco que a descontou, pudesse ter sabido que o aceitante havia prestado um favor ao outro co-signatario, não tendo esse favor sido prestado a si, seria irrelevante qualquer possivel reserva mental da sua parte. III - O prosseguimento dos autos para a indagação dessa possivel...
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