Acórdão nº 073708 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1986
| Magistrado Responsável | GAMA PRAZERES |
| Data da Resolução | 25 de Junho de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR RESP CIV / DIR CONTRAT.
Legislação Nacional: CPC67 ART668 N1 C. CCIV66 ART309 ART498 ART1167. CCOM888 ART2 ART3 ART231 ART234 ART238 ART247 N1.
Jurisprudência Nacional: AC STJ DE 1972/02/18 IN BMJ N214 PAG113. AC STJ DE 1975/06/11 IN BMJ N248 PAG402.
Sumário : I - Não ocorrendo qualquer colisão entre os fundamentos e a decisão, e sendo esta conclusão logica daqueles, não se verifica a nulidade prevista pelo artigo 668, n. 1 alinea c) do Codigo de Processo Civil. II - O prazo de prescrição de tres anos, fixado no artigo 498 do Codigo Civil, vale apenas para a responsabilidade extracontratual. III - As aberturas de creditos documentarios - tipicas operações bancarias - são contratos de mandato comercial celebrados entre bancos por as partes serem comerciantes, sendo o banco ordenador o mandante, o ordenado o...
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