Acórdão nº 070901 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1983
Magistrado Responsável | M SANTOS CARVALHO |
Data da Resolução | 07 de Julho 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. DIR PROC CIV.
Legislação Nacional: CCOM888 ART396. DL 32765 DE 1943/04/29. CPC67 ART305 N3 ART308 N2 ART561 ART722 N2 ART729 N2. LULL ART48 ART50. CCJ62 ART10.
Jurisprudência Nacional: AC STJ DE 1969/07/11 IN BMJ N189 PAG226. AC STJ DE 1962/11/16 IN BMJ N121 PAG220. AC STJ DE 1974/06/07 IN BMJ N238 PAG184.
Sumário : I - O Banco credor, por virtude do desconto, pode exigir do descontário o pagamento das importâncias, que lhe adiantou, com base no mútuo em que o desconto essencialmente se traduz, mesmo que, em acção cambiária anterior, tenha a obrigação cartular sido julgada prescrita. II - A omissaõ de pronúncia sobre questões de facto, não pode ser objecto de censura do Supremo Tribunal de Justiça, em recurso de revista. III - Dados como não provados os factos em que o reconvinte assentava o seu pedido de compensação de créditos, é claro que esse pedido improcederia...
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