Acórdão nº 078902 de Supremo Tribunal Administrativo (Portugal), 18 de Abril de 1991
Magistrado Responsável | MOREIRA MATEUS |
Data da Resolução | 18 de Abril de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART1198 N1. CCIV867 ART855 ART858 ART862. CCOM888 ART397 ART398 PARUNICO N1 N2 N3. CCIV66 ART669 N1 ART1008 ART1248 N1 N2.
Jurisprudência Nacional: AC STJ DE 1953/06/26 IN BMJ N37 PAG423. AC STJ DE 1955/01/25 IN BMJ N47 PAG480.
Sumário : I - Nos termos do artigo 855 do Codigo Civil de 1886, o penhor so produzia efeitos entre as partes depois da entrega da coisa empenhada ao proprio credor ou a terceira pessoa que o representasse. II - Para que o penhor seja considerado mercantil e necessario que a divida que se caucionou proceda de acto comercial. III - O artigo 669, n. 1 do actual Codigo Civil vem a consagrar a doutrina expressa no artigo 855 do Codigo Civil de Seabra. IV - E valido o penhor mercantil quando os objectos empenhados fiquem em poder do devedor como fiel depositario. V - A entrega do penhor mercantil pode ser...
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