Acórdão nº 081943 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1992
Magistrado Responsável | RUI BRITO |
Data da Resolução | 07 de Julho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT V SERRA RLJ ANO114 PAG178.
Área Temática: DIR ECON - DIR BANC. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART236 ART238 ART374 N1 ART376 N1 N2 ART393 N1 N2 ART394 ART840 N1 ART1142. CPC67 ART712 N1 B.
Sumário : I - Os documentos particulares não provam, por si próprios, a sua autenticidade ou veracidade. Na medida em que incorporam declarações negociais, devem ser analisados segundo o seu sentido (artigo 236 do Código Civil) e a sua força probatória (artigos 374 a 376 do Código Civil). II - As propostas de desconto bancárias são documentos particulares cuja autoria, na medida em que sejam reconhecidas pelos proponentes conforme o artigo 374, fazem prova plena quanto às atribuídas aos seus autores, de harmonia com o artigo 376. III - O contrato de desconto bancário caracteriza-se como um contrato misto, em que se entrelaçam elementos do mútuo comercial e da "datio pro solvendo": fica sujeito às disposições...
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