Acórdão nº 0071526 de Supremo Tribunal Administrativo (Portugal), 27 de Outubro de 1994 (caso None)
Magistrado Responsável | SILVA SALAZAR |
Data da Resolução | 27 de Outubro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - TEORIA GERAL. DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: LULL ART17. CPC67 ART511 N1. CCIV66 ART342 N2.
Jurisprudência Nacional: AC RP DE 1982/10/15 IN BMJ N38 PAG303. AC RP DE 1963/05/08 IN JR ANO9 PAG604. AC RE DE 1978/03/02 IN BMJ N279 PAG284. AC STJ DE 1973/06/26 IN BMJ N228 PAG233. AC STJ DE 1978/11/28 IN BMJ N281 PAG313. AC RP DE 1978/05/18 IN CJ 1978 T3 PAG847.
Sumário: I - Em acção cambiária, se a propriedade dos títulos está em discussão, deve constar da especificação que a Autora é "detentora" e não "dona e portadora" desses mesmos títulos. II - O firmante de favor (de uma letra) não pode opôr a terceiros de boa-fé o carácter de favor da sua subscrição, pois esta foi feita para que eles pudessem contar com ela; mas já pode opôr tal carácter de favor...
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