Acórdão nº 075025 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1988
| Magistrado Responsável | ABEL DELGADO |
| Data da Resolução | 25 de Fevereiro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: DL 32765 DE 1943/04/29 ARTUNICO. LULL ART70.
Jurisprudência Nacional: AC STJ DE 1984/02/22 IN BMJ N334 PAG502.
Sumário : I - A operação bancaria titulada por uma carta-proposta e por uma letra sacada e aceite pelos reus e pelo autor, e, depois, endossada por aqueles a este e conhecida pela designação de "desconto bancario". II - Nesta hipotese não se trata de um verdadeiro desconto, pois o banco não fica investido na titularidade de um credito sobre terceiro, sendo o credito cartular que o sacador lhe oferece aquele que ele tem sobre o proprio aceitante. III - Tal operação e, antes, um contrato de emprestimo que se traduz na entrega de quantia em dinheiro...
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