Acórdão nº 074033 de Supremo Tribunal de Justiça (Portugal), 20 de Maio de 1987
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 20 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR CONST.
Legislação Nacional: DL 33721 DE 1934/03/29. CCR DE 1934/03/29. D 26556 DE 1936/04/30 ART1. DL 262/83 DE 1983/06/16 ART4. PORT 581/83 DE 1983/05/18 N1. CONST82 ART8 N1 N2 ART207 ART208. PORT 339/87 DE 1987/04/24 N1 N2.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07 ART1 ART8 ART9 ART48 N2 ART49 N2 ANEXOI ANEXOII ART13. CONV DE GENEBRA DE 1931/03/31. CONV DE VIENA.
Jurisprudência Nacional: AC TC 219/86 PROC224/85 IN DR N257 IIS 1986/11/07. AC STJ DE 1986/03/18 IN BMJ N335 PAG175. AC STJ DE 1986/05/27 IN BMJ N357 PAG182. AC STJ PROC74297 DE 1987/01/08. AC STJ PROC73706 DE 1987/01/21.
Sumário : I - Nos termos do artigo 1 da Convenção de Genebra de 7 de Junho de 1930, as Altas Partes Contratantes podiam fazer, no momento da ratificação ou adesão as reservas previstas no seu Anexo II, nomeadamente no seu artigo 13, que lhes facultava determinar, no que respeita as letras passadas e pagaveis no seu territorio, a substituição pela taxa legal de juro vigente no respectivo territorio, da taxa de juro referida nos ns. 2 dos artigos 48 e 49 da Lei Uniforme relativa as Letras e Livranças - 6%. II - O Estado Portugues não fez essa reserva, pelo que o nosso Pais aceitou tacitamente a referida taxa de juros moratorios. III - O artigo 4...
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