Acórdão nº 084207 de Supremo Tribunal de Justiça (Portugal), 19 de Outubro de 1993
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 19 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR COM - TIT CRÉDITO. DIR ECON - DIR BANC.
Legislação Nacional: CCIV66 ART9 N3 ART227 N1 ART334 ART762 N2 ART799 ART1170 ART1205 ART1206. DL 446/85 DE 1985/10/25. LUCH ART1 N2 ART32. D 13004 DE 1927/01/12 ART14 PARúNICO. CPC67 ART516.
Jurisprudência Nacional: AC STJ DE 1969/05/16 IN RT ANO87 PAG19. AC STJ DE 1979/07/19 IN BMJ N289 PAG345. AC STJ DE 1977/12/20 IN BMJ N272 PAG217.
Sumário : I - Contrato de depósito bancário é um depósito de coisa fungível, logo irregular, transferindo para o depositário o domínio sobre a coisa concreta depositada, mas mantendo no depositante o direito ao valor genérico correspondente, além do rendimento que for caso disso. II - Daí decorre a possibilidade de um contrato de cheque entre o depositante-sacador e o tomador, no qual o depositário - sacado é mero executante; concomitantemente e em paralelo, existe um mandato sem representação entre o depositante e o depositário, para que este cumpra a ordem que o depositante emita através do cheque, enquanto título cartular. III - Todas as partes...
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