Acórdão nº 0121029 de Court of Appeal of Porto (Portugal), 04 de Abril de 1991
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 04 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR COM. DIR ECON - DIR BANC.
Legislação Nacional: CPC67 ART484 N1. CCOM888 ART13 N2 ART362 ART396. DL 32765 DE 1943/04/29 ARTUNICO.
Jurisprudência Nacional: AC RL DE 1980/06/03 IN CJ T3 PAG182.
Sumário: I - Quando o mutuante e o mutuario são comerciantes, "in casu" um Banco e uma sociedade comercial, - artigo 13, n. 2, do C. Comercial, - ha que dar prevalencia ao artigo 396 do C. Comercial sobre o artigo unico do D.L. 32765 de 29/04/1943, pois o exigem a facilidade do comercio e o principio da consensualidade no dominio das relações mercantis. II - Assim, porque, segundo o artigo 396 do Codigo Comercial, o...
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