Acórdão nº 075228 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1987
Data | 10 Dezembro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CCIV66 ART342 N2 ART473 ART483 ART550 ART551 ART559 ART799 N1 ART804 N1 N2. DL 410/74 DE 1974/09/05 ART6 N1. DL 607/74 DE 1974/11/12.
Sumário : I - O principio nominalista obsta, salvo estipulação em contrario ou lei que o permita, a actualização das obrigações pecuniarias por virtude das flutuações do valor da moeda ( artigos 550 e 551 do Codigo Civil ). II - Por isso, a desvalorização monetaria não releva para o efeito de o credor da pensão de aposentação ver actualizados os montantes das respectivas prestações, não pagas atempadamente, nem para o mesmo efeito são invocaveis os artigos 473 e 483 do Codigo Civil. III - Na vigencia do n. 1 do artigo 6 do Decreto-Lei n. 410/74, de 5 de Setembro, na redacção dada pelo artigo 1 do Decreto-Lei n. 607/74, de 12 de Novembro, os pensionistas que recebessem de instituições de previdencia ou empresas referidas no artigo 2 daquele diploma pensões que, somadas a proventos resultantes do exercicio de actividades profissionais renumeradas, excedessem o vencimento mensal legalmente...
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