Acórdão nº 070834 de Supremo Tribunal de Justiça (Portugal), 21 de Junho de 1983
| Magistrado Responsável | SANTOS DE CARVALHO |
| Data da Resolução | 21 de Junho de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART510 ART511. CCIV66 ART543 N1 ART547 ART813. CCOM888 ART362. DL 344/78 DE 1978/11/17. LULL ART70.
Jurisprudência Nacional: AC STJ DE 1974/04/19 IN BMJ N236 PAG170. AC STJ DE 1976/06/01 IN BMJ N258 PAG242. AC STJ DE 1978/07/02 IN BMJ N259 PAG235. AC STJ DE 1981/12/03 IN BMJ N312 PAG265.
Sumário : I - Na operação de desconto bancário, o banco descontador da letra, que a titula, é também credor originário do descontário, podendo invocar como causa de pedir na acção o mútuo em que se traduz o desconto, se não quiser ou não puder invocar a obrigação cambiária, uma vez que tudo se passa no domínio das relações imediatas. II - Em tal caso, é inaplicável o prazo prescricional do artigo 70 da Lei Uniforme sobre Letras e Livranças. III - O endosso de...
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