Acórdão nº 97B671 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1997 (caso NULL)
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 10 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART236 ART238 ART363 ART405 ART1142. CPC67 ART50 N2 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1992/09/17 IN BMJ N419 PAG741. AC STJ DE 1993/01/22 IN BMJ N428 PAG521. AC STJ DE 1993/02/02 IN CJSTJ ANOI TI PAG121. AC STJ DE 1991/11/27 IN BMJ N411 PAG513. AC STJ DE 1992/06/02 IN BMJ N414 PAG424. AC STJ DE 1993/04/29 IN CJSTJ ANOI TII PAG73.
Sumário : I - A abertura de crédito é uma operação bancária, como tal considerada pelo artigo 362 do CCOM888, mas que não está regulamentada, dependendo, pois, dos termos acordados no âmbito da liberdade contratual e dentro dos limites da lei (artigo 363 e 405 do CCIV66). II - Trata-se de contrato consensual, através do qual uma das partes (o creditante), por via de regra um Banco, se obriga a conceder à outra (a creditada) crédito até certo limite, em...
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