Acórdão nº 068974 de Supremo Tribunal de Justiça (Portugal), 02 de Dezembro de 1980
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 02 de Dezembro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR COM - TIT CREDITO. DIR ECON - DIR IND. DIR PROC CIV.
Legislação Nacional: CCIV66 ART334 ART406 N1 ART837 ART840. CPC67 ART279 N1. LULL ART38 ART43 ART48 ART77 ART78. DL 132-A/75 DE 1975/03/14. DL 364/75 DE 1975/07/11. DL 528/76 DE 1976/07/07 ART10. DL 564/76 DE 1976/07/17 ART2 A C.
Sumário : I - O banco-autor, pelo que se dispõe nos artigos 77, 78, 38, 43 e 48 da Lei Uniforme, tem direito a haver, do reu, a importancia de uma livrança, com juros, desde o vencimento, e as despesas do protesto, a não ser que tenha surgido qualquer facto extintivo ou modificativo da obrigação assumida com a subscrição daquele titulo de credito. II - Como o reu não nega ter assumido essa obrigação, não podera impor-se, de acordo com a pretensão que formula, ao autor que receba, em vez das importancias em divida, os titulos correspondentes a indemnização pelas acções das sociedades nacionalizadas ou o direito a indemnização, atraves do instituto da dação em cumprimento (artigos 837 e 840 do Codigo Civil). III - Quer se entenda que o artigo 10 do Decreto-Lei n. 528/76, de 7 de Julho, confere ao devedor, pela compensação provisoria, o direito de celebrar com o banco credor...
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