Acórdão nº 9150782 de Court of Appeal of Porto (Portugal), 31 de Março de 1992
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 31 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR FAM. DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART1692 B ART1696 N1 N3. CCOM888 ART10 ART13 N2. CPC67 ART825 N1 ART1038 N2 C.
Jurisprudência Nacional: ASS STJ DE 1964/11/27 IN BMJ N141 PAG171. ASS STJ DE 1978/04/13 IN BMJ N270 PAG99. AC RP DE 1985/01/31 IN CJ ANOX T1 PAG258.
Sumário: I - Em processo de embargos de terceiro deduzido pelo cônjuge de quem foi executado na qualidade de avalista de uma letra de câmbio, pode discutir-se se a obrigação emergente do aval tem ou não a natureza comercial. II - Sendo os títulos de crédito, " grosso modo ", actos de comércio objectivos, que incorporam uma obrigação formal, sobreponível à obrigação substancial, das obrigações deles derivadas só é dispensada a moratória a que alude o artigo 1696, nº 1, do Código Civil, quando, nos dizeres do Assento de...
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