Acórdão nº 0310949 de Court of Appeal of Porto (Portugal), 04 de Novembro de 1991
| Magistrado Responsável | ALVES CORREIA |
| Data da Resolução | 04 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR COM - TIT CREDITO.
Legislação Nacional: CCIV66 ART280. LULL ART17 ART31.
Jurisprudência Nacional: ASS STJ DE 1966/02/01 IN BMJ N154 PAG131.
Sumário: I - A letra e um titulo de credito e como tal, de acordo com o principio da literalidade, não e admissivel utilizar elementos exteriores para, em relação a terceiros, se provar que o aval foi dado a favor de pessoa diversa da que consta do titulo. II - Não deve ser admitida prova em contrario da declarada indicação do aval, mesmo nas relações imediatas: o objectivo da lei e não apenas proteger a boa fe de terceiros, mas ainda assegurar o caracter imperativo da regra de que o...
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