Acórdão nº 0307792 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1992
Magistrado Responsável | NORMAN MASCARENHAS |
Data da Resolução | 07 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT - DIR OBG.
Legislação Nacional: CCIV66 ART350 ART487 N1 ART804 N1 N2 ART805 N1 N2 ART1154 ART1156 ART1157 ART1161 B C.
Sumário: I - A situação do apelado - ao limitar-se a insinuar na confiança dos apelantes, protestando conhecimentos no sector próprio da Caixa Geral de Depósitos inerente a financiamentos, recebeu os documentos e os requerimentos, assinados pelos próprios apelantes, que se limitou a transportar e a dar entrada na instituição de crédito própria, exigindo uma retribuição pecuniária por essa actividade, que nada teve de jurídica mas material - casa-se melhor com a do contrato de prestação de serviços do que com a do mandato. II - A noção do contrato de prestação de serviços impõe-se em rigor científico, mas não tem grande utilidade prática porque as disposições sobre o mandato são extensivas, com as necessárias adaptações, às modalidades daquele contrato que a lei não regule especialmente. III - Ao contrário do que acontece na responsabilidade civil extra-contratual, em que é ao lesado que...
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