Acórdão nº 9930115 de Court of Appeal of Porto (Portugal), 04 de Fevereiro de 1999
Magistrado Responsável | GONÇALO SILVANO |
Data da Resolução | 04 de Fevereiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: LULL ART47 ART48 ART49. CCOM888 ART102 PAR2 PAR3 ART230. CPC67 ART45 ART46. CCIV66 ART559 ART806 N3. PORT 1167/95 DE 1995/09/23. PORT 1171/95 DE 1995/09/25.
Jurisprudência Nacional: AC RP PROC9831105. AC STJ DE 1995/11/09 IN BMJ N451 PAG333. AC RL DE 1998/03/26 IN CJ T2 ANOXXIII PAG122.
Sumário: I - Muito embora o legítimo portador de um título de crédito ( letra ), no domínio das relações imediatas possa pedir, além do seu pagamento, os juros de mora resultantes do disposto no artigo 102 parágrafo 3 do Código Comercial, torna-se necessário que alegue e prove que é uma empresa comercial ( colectiva ou individual ) e que alegue e prove que o título cartular tem como causa, como...
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