Acórdão nº 4846/05.5TJLSB.L1-6 de Court of Appeal of Lisbon (Portugal), 19 de Novembro de 2009
Magistrado Responsável | FÁTIMA GALANTE |
Data da Resolução | 19 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: REVOGADA A DECISÃO Sumário: I – O fiador não pode ser considerado consumidor à luz da definição inserta no artigo 2º nº 1 al. b) do DL nº 359/91, não lhe sendo extensiva a imposição de entrega de um exemplar do contrato no momento da respectiva assinatura.
II- A fiança prestada pelo mesmo não se encontra sujeita ao regime das cláusulas contratuais gerais estabelecido no DL nº 446/85, não se impondo ao mutuante, o cumprimento de qualquer dever de comunicação e/ou informação porque não pode considerar-se aderente.
III - A determinabilidade da fiança não impõe o conhecimento integral do âmbito da responsabilidade do fiador, basta atentar no montante total do mútuo, nas condições concretamente acordadas para a restituição do capital mutuado, no regime sancionatório previsto para o incumprimento contratual.
IV – A anulabilidade com fundamento na incapacidade acidental depende da prova de factos reveladores...
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