Acórdão nº 073107 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1985
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 26 de Novembro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART289 N1 ART437 ART772 ART1142 ART1143. CCNOT67 ART89 N. DL 481/71 DE 1971/11/06.
Legislação Estrangeira: L 71-A/76 DE 1976/11/11 ANGOLA.
Sumário : I - E nulo o contrato de mutuo que não foi celebrado por escritura publica em infracção do disposto no artigo 1143 do Codigo Civil. II - Declarada a nulidade do contrato, deve o mutuario restituir ao mutuante tudo o que este houver prestado (artigo 289 n. 1 do Codigo Civil). III - Tendo o mutuo tido por objecto escudos angolanos, nesta moeda devia ser feita a restituição pelo mutuario. Mas, tendo tal moeda deixado de existir e tendo sido substituida pelo "Kuanza" apos a independencia de Angola, tornou-se impossivel tal restituição, devendo o mutuario restituir o valor equivalente. IV - Tendo o Decreto-Lei n. 481/71, de 6 de Novembro, estabelecido a total paridade entre todos os escudos com curso legal, um dos quais era o escudo angolano, e em escudos portugueses que deve ser feita a restituição. V - Estando apenas em causa a...
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