Acórdão nº 98B665 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1998 (caso NULL)
Magistrado Responsável | SOUSA DINIS |
Data da Resolução | 12 de Novembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART627 N1. DL 48871 DE 1969/02/19 ART97. DL 235/86 DE 1986/08/18 ART100 N1.
Jurisprudência Nacional: AC STJ DE 1995/03/23 IN CJSTJ ANOIII TI PAG138.
Sumário : I - Na garantia bancária há, de um lado, os contratos de garantia acessórios de uma obrigação principal e de outro os contratos de garantia que encontravam fundamento na autonomia da vontade e prescindem daquela relação com qualquer outra relação jurídica gerando para o promitente uma obrigação totalmente autónoma. II - A garantia autónoma e a fiança correspondem a preocupações semelhantes, na medida em que ambas têm uma função específica de garantia; não podem, todavia, assimilar-se porque as separam traços fundamentais. III - A fiança é um negócio...
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