Acórdão nº 074796 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1988
| Magistrado Responsável | TINOCO DE ALMEIDA |
| Data da Resolução | 25 de Fevereiro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART722 N2 ART729 N2 ART730. CCIV66 ART238 N1 ART317 B ART595 N2 ART627 ART640 ART1142. CCOM888 ART100. D 32675 DE 1943/04/29 ARTUNICO. DL 469/75 DE 1975/08/28 ART2 ART3. DL 528/76 DE 1976/07/07 ART10.
Jurisprudência Nacional: AC STJ DE 1978/06/01 IN BMJ N278 PAG239.
Sumário : I - Não se verificando qualquer das hipoteses previstas na segunda parte do n. 2 do artigo 722 do Codigo de Processo Civil e não tambem a hipote do artigo 730 do mesmo diploma, não pode o Supremo mandar baixar o processo para ampliação da materia de facto. II - O contrato de mutuo, subjacente a uma operação de desconto bancario, pode provar-se por simples documento particular, designadamente pela carta-contrato que acompanha tal operação. III - Obrigando-se, nas respectivas cartas-contrato, os "analistas" das letras...
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