Acórdão nº 079473 de Supremo Tribunal de Justiça (Portugal), 24 de Janeiro de 1991 (caso NULL)
| Magistrado Responsável | LEITE MARREIROS |
| Data da Resolução | 24 de Janeiro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART342 N1 ART1696 N1 N3. CCOM888 ART2 ART10 NA REDACÇÃO DO DL 363/77 DE 1977/09/02. CE54 ART58.
Jurisprudência Nacional: ASS STJ DE 1978/04/13 IN BMJ N276 PAG103.
Sumário : I - Quer o aval, quer o aceite são actos formalmente comerciais uma vez que estão regulados na Lei Uniforme sobre Letras, Livranças e Cheques e, consequentemente, pela lei comercial (artigo 2 do Codigo Comercial). II - De acordo com o Assento do Supremo Tribunal de Justiça de 13 de Abril de 1978 o simples aval ou aceite, embora actos objectivamente comerciais, não impedem efectivamente a moratoria estabelecida no n. 1 do artigo 1696 do Codigo Civil, mas so a comercialidade substancial da divida exequenda ou seja, da relação subjacente...
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