Acórdão nº 070156 de Supremo Tribunal de Justiça (Portugal), 15 de Março de 1983 (caso NULL)
Magistrado Responsável | AMARAL AGUIAR |
Data da Resolução | 15 de Março de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO102 PAG252.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV867 ART1534. CCIV66 ART289 ART474 ART482 ART1143. CPC67 ART264 ART456 ART457 N1 A ART489 ART715. CCJ62 ART208.
Sumário : I - O artigo 1143 do Código Civil não exige, para efeitos da obrigação de restituição consignada no artigo 289 do mesmo diploma, que a prova do mútuo seja feita por escritura pública ou por documento assinado pelo mutuário (conforme seja superior a 20000 escudos ou 10000 escudos o valor mutuado). Com a substituição da expressão "o mútuo só pode ser provado...", que se lia no artigo 1534 do Código de 1867, pelo que consta do artigo 1143 do Código actual - "o contrato de mútuo... só é válido" - quis-se consagrar precisamente, e de modo explicito, o entendimento que acabara por triunfar na vigência da lei anterior: - o de que "a afirmação de que o mútuo de valor excedente a certa quantia só pode ser...
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