Acórdão nº 069763 de Supremo Tribunal de Justiça (Portugal), 11 de Março de 1982
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 11 de Março de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: F OLAVO DIR COM VOLI 2ED PAG233. A NETO E C MORENO COD COM ANOTADO 3ED PAG122 NOTA AO ART120.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: LULL ART70 ART77. CCIV66 ART559 ART806 ART1142. CCIV867 ART720 PARÚNICO. CPC67 ART273 N1 ART664 ART722 N2. CCOM888 ART102 PAR2 ART362 ART394. DL 47344 DE 1966/11/25 ART3. DL 200-C/80 DE 1980/06/24. DL 19126 DE 1930/12/16.
Sumário : I - Na réplica, pode o autor ampliar a causa de pedir, invocando o mútuo subjacente para além da mera relação cambiária, dado o disposto no n. 1 do artigo 273 do Código de Processo Civil, funcionando aquela na hipótese desta sossobrar. II - Mau grado a circunstância de o mútuo em causa não configurar as características do "empréstimo mercantil" tal como se mostra definido pelo artigo 394 do Código Comercial, a verdade é que, sendo o mutuante um banco, o aludido mútuo assume a natureza de um acto objectivamente comercial por força do preceito expresso do artigo 362 do mesmo diploma. III - Consequentemente, a dívida emergente do aludido contrato de mútuo é, em si mesma e também, de natureza comercial. Deste modo, os juros correspondentes à dívida do recorrente Fernando têm efectivamente de ser calculados à taxa de 6 porcento por vigorar então (ao tempo da celebração do...
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