Acórdão nº 9150735 de Court of Appeal of Porto (Portugal), 05 de Maio de 1992
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - DIR OBG. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART639 ART643 ART307 ART310 C ART311 N1 2. LULL ART32 ART47. CPC67 ART472 N1. CPC39 ART276. CPC876 ART7 PARÚNICO.
Jurisprudência Nacional: AC STJ DE 1978/07/25 IN BMJ N279 PAG214.
Sumário: I - Garantias pessoais um e outra, não pode, no entanto, confundir-se o aval com a fiança, uma vez que, como dos dos artigos 32, II e III, e 47, I e II, Lei Uniforme relativa às Letras e Livranças se vê, a responsabilidade do avalista é materialmente autónoma em relação à do avalizado, sendo-lhe inaplicável o benefício da excussão prévia de que goza o fiador, nos termos dos artigos 638 e 639 do Código Civil. II - Consoante o artigo 311, nº 2, do...
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