Acórdão nº 9851208 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1998 (caso NULL)
| Magistrado Responsável | CAIMOTO JACOME |
| Data da Resolução | 14 de Dezembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCOM888 ART426. DL 183/88 DE 1988/05/24 ART6 N1 ART7 N2 ART8 N1 ART9 N2. CCIV66 ART238 ART405 ART434 ART435 N1 ART801 ART804 ART805 N1 ART808. DL 171/79 DE 1979/06/06 ART1 ART24 A ART26.
Sumário: I - O contrato de seguro caução directa aproxima-se do contrato de garantia bancária à primeira solicitação, não configurando uma fiança. II - Aquele seguro apresenta-se como uma garantia autónoma, isto é, não acessória, visto não ser afectada pelas vicissitudes da relação principal, e automática, porque a garantia à primeira solicitação opera imediatamente, logo que o seu pagamento seja pedido pelo beneficiário. III - Como é da própria natureza da locação financeira, o bem objecto do...
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