Acórdão nº 067113 de Supremo Tribunal de Justiça (Portugal), 30 de Maio de 1978 (caso NULL)
Data | 30 Maio 1978 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RODRIGUES BASTOS IN DAS OBRIGAÇÕES EM GERAL V2 PAG21.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT. DIR COM - TIT CREDITO.
Legislação Nacional: CPC67 ART514 N1 ART668 N1 D. CCIV66 ART219 ART476 N1 ART1145 N1. CCOM888 ART395.
Sumário : I - O contrato de desconto bancario e um contrato bilateral e oneroso tipicamente comercial (crediticio) cujas prestações fundamentais são, do lado do Banco - descontador ou descontante - o adiantamento da quantia correspondente ao valor nominal do titulo levado a desconto e a promoção de diligencias destinadas a obter o pagamento, ou o aceite e pagamento, do principal obrigado, e do lado do cliente - descontario - o pagamento (por meio de compensação imediata) da remuneração (desconto stricto sensu) devida pela antecipação do credito, a entrega do titulo devidamente endossado, para facultar ao Banco o reembolso da soma dispendida e a garantia do pagamento da letra se o sacado recusar aceitar ou pagar. II - A remuneração pela antecipação do credito abrange o periodo decorrente entre a data em que essa antecipação e feita e o reembolso, que so se verifica quando for reintegrada no patrimonio do descontador a quantia dele saida pelo desconto. III - Não representa reembolso a cobrança pelas agencias do descontador nos, ao tempo...
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