Acórdão nº 97B702 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1997 (caso NULL)
| Magistrado Responsável | LUCIO TEIXEIRA |
| Data da Resolução | 04 de Dezembro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART55 ART684 N3 ART690 ART802 ART813 C ART815 N1. LULL ART31 ART78.
Jurisprudência Nacional: ASS STJ DE 1966/02/01 IN DG N44 DE 1966/02/22. AC STJ DE 1974/03/12 IN BMJ N235 PAG310.
Sumário : I - O artigo 31 da LULL não exige que se "identifique" a pessoa a favor de quem se presta o aval; o que esse normativo impõe é que se "indique" a pessoa por quem se dá. II - No aval dado ao aceitante não rege a presunção da última parte do artigo 31 da LULL, interpretado pelo Assento do STJ de 1 de Fevereiro de 1966. III - A expressão "subscritor" embora consagrada legalmente para...
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