Acórdão nº 9610819 de Court of Appeal of Porto (Portugal), 08 de Outubro de 1997 (caso NULL)
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 08 de Outubro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: O PROVIMENTO REFERE-SE AO RECURSO INTERPOSTO PELO DEMANDANTE CIVIL. AO RECURSO DO MINISTÉRIO PÚBLICO FOI NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO. DIR CIV- TEORIA GERAL / DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART241 N1 N2 ART292 ART294 ART394 N1 N2 N3 ART1143 N3 ART1146 N3. CPP87 ART7 N1 N2 ART165 N1 ART340 ART361 N2 ART371 ART377. LUCH ART13 ART21 ART22 ART45.
Sumário: I - Não merece censura o despacho do tribunal que após o encerramento da discussão mas antes da leitura da sentença, ordenou a junção de documentos apresentados pelo arguido, por entender que os mesmos tinham interesse para a boa decisão da causa e após determinar que fossem sujeitos a contraditório. II - Celebrado um contrato de mútuo com hipoteca em que há uma divergência entre a vontade real e a declaração, divergência essa querida pelas partes - um acordo simulatório - porque, pretendendo embora substituir pela nova a anterior obrigação, terão querido contornar as normas que impedem a cobrança de juros acima dos legais e a cobrança de juros sobre juros, tal contrato deverá ser reduzido nos termos do artigo 1146 n.3 do Código Civil, subsistindo o negócio dissimulado, apesar da nulidade do negócio simulado, pois foram observadas as exigências de forma, isto é, o negócio só será nulo na parte em que capitaliza juros superiores aos permitidos por lei. III - Tendo o arguido ( mutuário ) emitido cheques a favor do mutuante, cujo não pagamento por falta de provisão deu origem a...
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