Acórdão nº 9110015 de Court of Appeal of Porto (Portugal), 17 de Junho de 1991
Magistrado Responsável | DIONISIO CORREIA |
Data da Resolução | 17 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR COM - TIT CREDITO. DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCOM888 ART363 ART406 ART407. CCIV66 ART769 ART770 A ART771 ART1142.
Jurisprudência Nacional: AC STJ DE 1980/05/22 IN BMJ297 PAG373.
Sumário: 1- O deposito bancario e uma operação de banco, de natureza passiva, que, nos termos conjugados dos arts.363, 406 e 407 do C. Com. e 1142 do C C I V, constitui um contrato de mutuo ou emprestimo em que o cliente e o mutuante e o banco, o mutuario. 2- A obrigação de indemnizar que os autores imputam ao reu, banco comercial, emana da violação contratual deste por consentir no levantamento de numerario dos depositos a pessoa diversa dos seus titulares, pagando a quem não era seu credor mediante a utilização de cheques avulsos. Tal obrigação de indemnizar fundamenta-se, portanto, em responsabilidade civil contratual. 3- Se responsabilidade extracontratual existe, na versão dos autores, e a de terceiro que, pela alegada falsificação das assinaturas apostas nos cheques, tera procedido ao levantamento e apropriação ilegitimos das quantias depositadas a prazo. 4- Na base da emissão dos cheques, existem duas relações juridicas distintas: a relação de provisão e o contrato ou convenção de cheque. A primeira consiste no deposito efectuado no banco, que so por si não da origem ao cheque, porque para...
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