Acórdão nº 9850811 de Court of Appeal of Porto (Portugal), 02 de Novembro de 1998
| Magistrado Responsável | GONÇALVES FERREIRA |
| Data da Resolução | 02 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART310 B. DL 171/79 DE 1979/06/06 ART1.
Jurisprudência Nacional: AC STJ DE 1993/03/09 IN CJSTJ T2 ANOI PAG8. AC STJ DE 1994/11/22 IN CJSTJ T3 ANOII PAG155.
Sumário: I - Os prazos de prescrição estebelcidos nos artigos 309 e seguintes do Código Civil aplicam-se a quaisquer obrigações, desde que não haja disposição em contrário. II - O que verdadeiramente caracteriza o contrato de locação financeira é o gozo temporário e oneroso de uma coisa, não a aquisição da respectiva propriedade. III - Impondo o contrato de locação financeira, como seus elementos constitutivos, a concessão do gozo da coisa e a retribuição, subsidiariamente o seu...
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