Acórdão nº 9530777 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1995
Magistrado Responsável | ALVES VELHO |
Data da Resolução | 14 de Dezembro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCOM888 ART10 ART15. CCIV66 ART1696 N1. DL 363/77 DE 1977/09/02 ART2.
Jurisprudência Nacional: ASS STJ DE 1964/11/27. ASS STJ DE 1978/04/13 IN BMJ N276 PAG99. AC STJ DE 1991/01/17 IN BMJ N403 PAG348.
Sumário: I - Ao portador de um título cambiário que obriga um cônjuge cabe demonstrar que a dívida subjacente por ele titulada é substancialmente comercial, sem o que terá de sujeitar-se à moratória do artigo 1696 n.1, do Código Civil em relação a bens comuns do casal de que faz parte o devedor, sendo irrelevante a mera comercialidade formal. II - A forma adequada para obtenção do reconhecimento da comercialidade substantiva da obrigação constante de título cambiário é a do processo de declaração, não podendo o título executivo que...
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