Acórdão nº 9621273 de Court of Appeal of Porto (Portugal), 04 de Março de 1997
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 04 de Março de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART512 ART516 ART532 ART1205 ART1206 ART1736 N2.
Jurisprudência Nacional: AC STJ DE 1981/02/25 IN BMJ N304 PAG404. AC RL DE 1988/10/13 IN CJ T4 ANOXIII PAG120.
Sumário: I - O Código Civil classifica o depósito de dinheiro como depósito irregular - artigo 1205 do Código Civil; II - Atenta a forte semelhança deste contrato de depósito com o de mútuo, manda aplicar-lhe, na medida do possível, as normas relativas ao contrato de mútuo - artigo 1206 do Código Civil; III - No depósito plural solidário qualquer dos credores ( depositante ou titulares da conta ) tem a faculdade de exigir, por si só, a prestação integral, o reembolso de toda a quantia depositada. A prestação assim efectuada libera o devedor ( o banco depositário ) relativamente a todos os credores ( artigo 512 do Código Civil ); IV - São perfeitamente distintos o direito de crédito de que é titular cada um dos depositantes solidários, e que se traduz num poder de mobilização do saldo, e o direito real que recai sobre o dinheiro, direito que pode pertencer, apenas, a algum ou alguns dos titulares da conta; V - Muito embora o artigo 516 do Código Civil, deixe presumir que...
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