Acórdão nº 082404 de Supremo Tribunal de Justiça (Portugal), 13 de Setembro de 1992
Magistrado Responsável | DIONISIO PINHO |
Data da Resolução | 13 de Setembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: FERRER CORREIA IN LETRAS DE CAMBIO VIII PAG204.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - TEORIA GERAL.
Legislação Nacional: LULL ART10 ART17 ART32 ART53 ART58 ART70 ART77. CCIV66 ART309.
Jurisprudência Nacional: AC STJ DE 1970/12/02 IN BMJ N202 PAG155. AC STJ DE 1960/01/12 IN BMJ N93 PAG351. AC STJ DE 1955/05/17 IN BMJ N49 PAG534.
Sumário : I - O avalista - é responsável da mesma maneira que a pessoa por ele afiançada e, se pagar a letra, fica subrogado nos direitos dela emergentes contra a pessoa a favor de quem foi dado o aval e contra os obrigados para com esta em virtude da letra, o que levou a doutrina a definir como de responsabilidade solidária a que impende sobre o avalista e o avalizado. II - Se a...
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