Acórdão nº 0018122 de Supremo Tribunal Administrativo (Portugal), 02 de Outubro de 1997 (caso None)
Data | 02 Outubro 1997 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: DAS OBRIGAÇÕES EM GERAL A VARELA VOL1 2ED PAG224.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART227 ART251 ART287 ART428 ART762. LULL ART11 ART17 ART75 ART77.
Jurisprudência Nacional: ASS STJ DE 1964/11/27 IN BMJ N141 PAG171. AC STJ DE 1980/10/15 IN BMJ N300 PAG364.
Sumário: I - Tendo a execução sido instaurada com base em letra de que é exequente a mutuante e executada a mutuária, nesse título cambiário incorpora-se o contrato causal celebrado, estando-se, por isso, no domínio das relações cartulares imediatas, entre executada e exequente. II - Tendo o empréstimo sido concedido para a mutuária comprar um automóvel e ficando clausulado poder a mutuante entregar directamente ao fornecedor do veículo o dinheiro emprestado, deverá ser clausulado, também, a obrigatoriedade de identificação desse fornecedor. III - Pois só assim se garante por um lado que não haverá desvio do fim para que o empréstimo foi concedido e por outro a mutuária, só assim, poderá controlar o cumprimento do contrato de mútuo que outorgou. IV - Se a mutuante entregou o dinheiro emprestado à mutuária, directamente a um fornecedor que, não constava como tal no contrato, e se a mutuária não recebeu o automóvel a ser pago por aquele dinheiro, a mutuante pagou mal e não pode a mutuante coagir a mutuária a pagar o que não chegou a receber. V - Com...
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