Acórdão nº 9850981 de Court of Appeal of Porto (Portugal), 02 de Novembro de 1998
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 02 de Novembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART220 ART286 ART628 N1.
Jurisprudência Nacional: AC STJ DE 1993/11/10 IN CJSTJ T3 ANOI PAG122. AC RP DE 1997/09/29 IN CJ T4 ANOXXII PAG200.
Sumário: I - A garantia da fiança só pode ser constituída por contrato, pois só a convenção bilateral pode, em regra, criar o vínculo obrigacional. II - A declaração de vontade de prestar a fiança, além de ser expressa, deve ser declarada pela forma exigida...
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