Acórdão nº 0031752 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1991 (caso None)
| Magistrado Responsável | JOSE MAGALHÃES |
| Data da Resolução | 24 de Janeiro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: MANUEL DE ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL PAG175.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM. DIR ECON - DIR BANC.
Legislação Nacional: CCIV66 ART1142. CCOM888 ART362 ART396. CPC67 ART646 N4 ART653 N2. DL 32765 DE 1943/04/29 ARTUNICO.
Jurisprudência Nacional: AC RL DE 1980/06/03 IN CJ ANOV T3 PAG182.
Sumário: I - O "descoberto" traduz-se numa concessão de crédito que permite a alguém proceder ao levantamento de numerário para além do saldo que a conta de que é titular consente e tem a natureza de verdadeiro empréstimo. II - Trata-se de um verdadeiro empréstimo visto o cliente do banco que os concede beneficiar com a operação, se não mediante o levantamento...
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