Acórdão nº 0009881 de Court of Appeal of Lisbon (Portugal), 29 de Outubro de 1991
Magistrado Responsável | BARROS CALDEIRA |
Data da Resolução | 29 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV. DIR COM - SOC COMERCIAIS. DIR ECON - DIR BANC. DIR PROC CIV.
Legislação Nacional: CPC67 ART646 N4 ART712. CCOM888 ART396. CCIV66 ART393 N2 N3.
Jurisprudência Nacional: AC STJ DE 1978/06/14 IN BMJ N278 PAG251. AC RL DE 1978/04/17 IN BMJ N290 PAG458. AC STJ DE 1978/06/01 IN BMJ N278 PAG239.
Sumário: I - Ainda que dos factos dados como provados resulte que o descontário não é comerciante a prova da operação de desconto - empréstimo bancário pode ser feita por documento particular, nos termos do artigo 396 do Código Comercial (Acordão do Supremo Tribunal de 1978/06/01 in Boletim do Ministério da Justiça n. 278, página 239). II - Concluindo-se que os documentos particulares, em causa nos autos, fazem prova plena quanto às declarações neles apostas, que sejam contrárias aos interesses do Réu, não pode este, em audiência fazer prova por testemunhas contrária às mesmas declarações nos termos do artigo 393 n. 2 do Código Civil. III - Possível é tão só a prova testemunhal quanto à simples interpretação do contexto do documento, nos...
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