Acórdão nº 9210248 de Court of Appeal of Porto (Portugal), 09 de Novembro de 1992
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 09 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM.
Legislação Nacional: CCIV66 ART257 N1 ART559-A ART561 ART1146 N3. DL 644/75 DE 1975/11/15 ART16 ART26 ART27 N1 N2 A ART28 N1 B. DL 344/78 DE 1978/11/17 ART5 N4 ART7.
Sumário: I - Não é suficiente para a anulação de uma escritura referente a um contrato de abertura de crédito a simples alegação da incapacidade de entender o sentido da declaração negocial, tornando-se ainda necessário que tal facto seja notório ou conhecido da outra parte. II - Dívida exigível é a que está vencida em consequência do decurso do prazo de cumprimento; o cálculo de juros a taxa superior à legal não torna a dívida inexigível, mas apenas a sujeita à redução desses juros aos limites permitidos, sendo certo que o capital sempre seria devido. III - As taxas de juro civis são quantitativa e economicamente diferentes das bancárias e devem considerar-se submetidas a regras jurídicas diferentes, respeitando as primeiras à micro-economia e as últimas, à...
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