Acórdão nº 071123 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1983
Magistrado Responsável | CORTE REAL |
Data da Resolução | 29 de Novembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART762. CICAP62 ART14 PAR2 ART52. CPC67 ART280 ART282 ART511 N1 ART722 N2 ART1729 N2.
Jurisprudência Nacional: AC STJ DE 1980/04/30 IN BMJ N296 PAG255. AC STJ DE 1980/10/13 IN BMJ N300 PAG277. AC STJ DE 1983/01/04 IN BMJ N329 PAG315. AC STJ DE 1982/07/27 IN BMJ N323 PAG317.
Sumário : I - O imposto de capitais não visa à segurança do mútuo, não sendo, por isso, despesa de segurança, prevista no acordo de mútuo, cláusulado na escritura pública, mas apenas o conhecimento do credor com parte dos seus rendimentos - os juros - e todas as exigências e cautelas do lesado visam a esse pagamento e não à segurança do empréstimo. II - E mesmo que visasse a essa segurança, como o mútuo não vencia juros, o credor nunca devia ter pago esse imposto, sendo-lhe fácil ilidir a...
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