Acórdão nº 075616 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1988
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 23 de Março de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR CONST. DIR INT PRIV.
Legislação Nacional: DL 262/83 DE 1983/07/16 ART4. PORT 581/83 DE 1983/05/18. LULL ART10 ART48 ART49. DL 23721 DE 1934/03/04. DL 26556 DE 1936/04/30. CONST82 ART8. PORT 339/87 DE 1987/04/24.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07 ART1 ART8 ART9. CONV DE VIENA SOBRE DIREITO DOS TRATADOS DE 1969.
Jurisprudência Nacional: AC STJ DE 1987/01/08 IN BMJ N363 PAG229.
Sumário : I - A reserva constante do artigo 13 do Anexo II da Convenção de Genebra de 7 de Junho de 1930, de que proveio a Lei Uniforme sobre Letras e Livranças (LULL), permitida pelo seu artigo 1, não foi utilizada por Portugal, que se limitou a excluir a aplicação da referida Convenção aos territorios das colonias com base no seu artigo 10. II - O compromisso assumido pelo Estado Portugues de aplicar a taxa convencional de 6% aos juros moratorios relativos a letras, livranças e cheques emitidos e pagaveis em territorio portugues pode extinguir-se ou modificar-se jure gentium sem que isso implique necessariamente o abandono da...
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