Acórdão nº 0225851 de Court of Appeal of Porto (Portugal), 21 de Novembro de 1991
Magistrado Responsável | DIONISIO DE PINHO |
Data da Resolução | 21 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR COM.
Legislação Nacional: 1COM888 ART44 N2 ART102 PAR3. PORT N807/U1/83 DE 1983/07/30. PORT N339/87 DE 1987/04/24. CCIV66 ART559. DL N311/A/85 DE 1985/07/30. DL N32/89 DE 1989/01/25 ART2 ART3.
Jurisprudência Nacional: AC RP DE 1990/10/30 IN CJ ANOXV T4 PAG238.
Sumário: I- E "iuris tantum", admitindo prova em contrario, a presunção fixada no art. 44 n.2 do C. Comercial ao prescrever que " os assentos lançados em livros de comercio, regularmente arrumados, fazem prova em favor dos seus respectivos proprietarios, não apresentando o outro litigante assentos opostos em livros arrumados nos mesmos termos ou prova em contrario". II- A taxa de juros comerciais, sendo 17-Jan.-1988 a data da constituição em mora, e liquidada nos termos da portaria...
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