Acórdão nº 0006798 de Court of Appeal of Porto (Portugal), 29 de Novembro de 1988
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 29 de Novembro de 1988 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: A VARELA IN MANUAL PROC CIV PAG489 PAG507. V SERRA IN BMJ N112 PAG78 E RLJ ANO114 PAG287. F OLAVO IN DESC BANCÁRIO PAG256.
Área Temática: DIR COM. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART362 ART374 N1 ART376.
Jurisprudência Nacional: AC STJ DE 1977/06/30 IN BMJ N268 PAG204. AC STJ DE 1980/03/06 IN RLJ ANO114 PAG278. AC STJ DE 1976/07/02 IN BMJ N259 PAG286. AC STJ DE 1978/05/30 IN BMJ N278 PAG239. AC STJ DE 1978/06/14 IN BMJ N278 PAG251. AC STJ DE 1980/02/22 IN BMJ N294 PAG371.
Sumário: I - Estabelecida a autenticidade de um documento escrito, a questão de saber se a declaração que dele consta vincula o declarante é problema que respeita à eficácia da declaração, e não à força probatória do documento. II - Dada a indivisibilidade da declaração, nos termos da confissão, o documento só tem eficácia inter-partes: só pode ser invocado como prova plena pelo declaratário contra o declarante. III - O contrato de desconto bancário é um contrato misto de mútuo mercantil e de...
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