Acórdão nº 9621357 de Court of Appeal of Porto (Portugal), 20 de Maio de 1997
Magistrado Responsável | EMIDIO COSTA |
Data da Resolução | 20 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART512 N1 ART513 ART1154 ART1156 ART1167 C. CCOM888 ART2 ART100. CPC67 ART46 A ART449 N1 N2 C.
Sumário: I - Tendo a Autora, que é uma agência de viagens, prestado serviços consistentes em viagem para determinado número de pessoas, em regime de pensão completa, no valor total de 5.431.250$00, a pedido dos co-Réus A e B, e o Réu A sacado a favor da Autora cheques no valor de 1.778.250$00 e o Réu B aceite uma letra de 3.500.000$00 sacada pela Autora e não paga na data do seu vencimento nem posteriormente, tal factualidade configura um contrato típico de prestação de serviços, em que os Réus respondem pelo pagamento de tais serviços. II - Trata-se de uma obrigação conjunta, já que não tem por fonte acto mercantil nem resultou provada a actividade de comerciantes dos Reús, além de que não se demonstrou que tenha sido convencionado o regime da solidariedade. III - Por via de regra, nas obrigações conjuntas, a parte de cada um dos devedores ou credores é igual à dos...
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