Decreto-Lei n.º 32/89, de 25 de Janeiro de 1989
Decreto-Lei n.º 32/89 de 25 de Janeiro A progressiva liberalização dos mercados financeiros conduziu recentemente à suspensão da taxa de juros estabelecida como limite máximo nas operações activas.
Impõe-se, no entanto, disciplinar o regime das operações efectuadas com taxas variáveis, referenciadas ou indexadas ao limite máximo, periodicamente revisto pela via administrativa, como ocorre com algumas emissões obrigacionistas não abrangidas pelo Decreto-Lei n.º 311-A/85, de 30 de Julho, e também com muitos financiamentos, designadamente de médio e longo prazo, onde foi sentida a necessidade desse ajustamento. O presente diploma estabelece, portanto, as regras supletivas adequadas, consonantes não só com a vontade normal das partes mas também com a regulação pelo mercado das relações económico-jurídicas entre particulares.
Assim: Nos termos da alínea a) do n.º 1 do artigo 201.º da Constituição, o Governo decreta o seguinte: Artigo 1.º Operações de crédito 1 - As taxas de juro estipuladas em operações de crédito activas, com referência ou indexação à taxa máxima de tais operações, passam a determinar-se, salvo se as partes acordarem diversamente, com referência ou indexação às taxas básicas afixadas e divulgadas, para o prazo da operação em causa, pelas instituições financiadoras.
2 - Exceptuam-se do disposto no número anterior as operações de crédito em relação às quais continue a ser aplicável uma taxa máxima fixada por aviso do Banco de Portugal.
3 - O disposto neste artigo é aplicável a partir do primeiro período de contagem de juros subsequente à entrada em vigor do presente diploma.
Artigo 2.º Obrigações em...
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