Acórdão nº 9051189 de Court of Appeal of Porto (Portugal), 18 de Outubro de 1990
Magistrado Responsável | VASCO FARIA |
Data da Resolução | 18 de Outubro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: CITADOS P LIMA E A VARELA IN CCIV ANOTADO PAG540.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1205 ART1157 ART1142.
Sumário: I - Integra um depósito irregular a abertura de uma conta de depósitos à ordem num Banco destinada a ser movimentada pelos titulares através da entrega de fundos ( dinheiro e valores ) a crédito, e da emissão de cheques, ordens de pagamento e transferências, de acordo com os usos e práticas bancárias, a débito, podendo a aludida conta ser instrumento de ordens de compra e venda de acções dos seus titulares; a tal depósito são aplicáveis, na medida do possível, as normas relativas ao mútuo, por força do disposto no artigo 1206 do Código Civil. II - Na situação vasada no número antecedente e na parte referente às ordens de compra e venda de acções, emerge o contrato de mandato previsto no artigo 1157 do Código Civil, sendo legal a compensação ou retenção pelo Banco do dinheiro disponível na conta para se pagar do preço de acções que adquiriu para os...
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