Acórdão nº 9720320 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1997
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 30 de Setembro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCOM888 ART362. CCIV66 ART405 ART781. CPC67 ART45 N1 ART46 B ART505 N1.
Jurisprudência Nacional: AC STJ DE 1974/04/26 IN BMJ N236 PAG147.
Sumário: I - Tendo os embargantes e a embargada ( instituição de crédito ) celebrado entre si um contrato de mútuo com hipoteca, através de escritura pública e escrito particular, mediante os quais a embargada abriu a favor dos primeiros um crédito até determinada quantia, que estes vieram a utilizar, e devendo o empréstimo ser amortizado em prestações com datas de vencimento pré-fixadas, a falta de pagamento de uma prestação confere ao mutuante o direito de exigir a realização, não apenas da prestação a que o devedor faltou, mas de todas as prestações restantes , cujo prazo ainda se não tenha vencido, não obstante se ter fixado uma cláusula...
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