Acórdão nº 9340814 de Court of Appeal of Porto (Portugal), 10 de Outubro de 1994
Data | 10 Outubro 1994 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR CIV - DIR OBG. DIR ECON - DIR BANC.
Legislação Nacional: CCOM888 ART407. CCIV66 ART1205 ART1206 ART770 A ART769 ART262 N1 N2 ART1156 ART1178 N1 ART1678 N2 F ART1680 ART1679 ART334.
Jurisprudência Nacional: AC RL DE 1979/02/02 IN CJ T1 ANOIV PAG129.
Sumário: I - O contrato de depósito bancário assume a natureza de depósito irregular, cujo regime é o convencionado pelas partes e, supletivamente, pelas normas do contrato de mútuo. II - Face à obrigação do Banco de só pagar os cheques que o depositante, titular da conta, emitir, se o Banco pagar a terceiro, sem o consentimento do titular, contra a apresentação de um cheque sem a assinatura deste, tem de considerar-se que incumpriu o contrato de depósito, tendo por isso de repetir o pagamento mal feito. III - A autorização para que terceiro, inclusive a mulher do titular da conta, a movimente consubstancia o contrato de mandato com representação, que ( sem constituir verdadeira procuração ) não obedece a forma especial, bastando que revista a forma exigida para o negócio que o procurador deva realizar. IV - No caso de levantamento de dinheiro de conta em depósito, que só pode fazer-se por escrito, essa autorização terá de ser por escrito, embora o possa ser por mero documento particular. V - Se não existe autorização escrita, não pode o Banco...
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