Acórdão nº 0060476 de Court of Appeal of Lisbon (Portugal), 13 de Novembro de 1997
| Magistrado Responsável | SALVADOR DA COSTA |
| Data da Resolução | 13 de Novembro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: LUÍS MIGUEL MONTEIRO - "OPERAÇÃO DE LEVANTAMENTO AUTOMÁTICO DE NUMERÁRIO" IN ROA - ANO52 - ABRIL DE 1992.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR RESP CIV. DIR ECON - DIR BANC.
Legislação Nacional: CCOM888 ART407. DL 430/91 DE 1991/11/02 ART1 N1 A. CCIV66 ART496 N1.
Jurisprudência Nacional: AC STJ DE 1995/02/09 IN CJSTJ ANOIII T1 PAG75. AC STJ DE 1991/06/26 IN BMJ N408 PAG538. AC STJ DE 1993/11/10 IN CJSTJ ANOI TIII PAG132. AC STJ DE 1973/10/02 IN BMJ N230 PAG107. AC STJ DE 1993/12/16 IN BMJ N432 PAG384.
Sumário: I - Tendo sido aberta conta de depósito à ordem, por um Banco, a um cliente a quem esse Banco atribuiu e entregou um cartão de crédito e crédito até um limite previamente fixado e acordado, entre Banco e Cliente foi celebrado um contrato comercial atípico, misto de depósito irregular e de mútuo de quantitativo indeterminado de limite máximo. II - Não obstante o elemento...
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