Acórdão nº 062502 de Supremo Tribunal de Justiça (Portugal), 03 de Janeiro de 1969 (caso NULL)
| Magistrado Responsável | TORRES PAULO |
| Data da Resolução | 03 de Janeiro de 1969 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR OBG. DIR COM.
Legislação Nacional: CCIV867 ART672 ART705 ART855 ART858 ART861 ART862 ART1431. CCOM888 ART397 ART398 PARUNICO. CCIV66 ART660 N1.
Sumário : I - E da essencia do penhor a entrega do objecto empenhado, ao credo ou a terceiro, salvo nos casos em que a lei permite a sua entrega simbolica. II - O penhor não tem feição mercantil quando a divida caucionada não procede de acto comercial. III - Não tendo os bens penhorados sido efectivamente entregues, embora na escritura de emprestimo se refira essa entrega a um terceiro, mas apenas com o fim de este assumir a responsabilidade de os devedores conservarem os mesmos bens em seu poder ate ao pagamento da quantia...
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