Acórdão nº 98B454 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1998 (caso None)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 25 de Junho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART405.
Sumário : I - O contrato autónomo de garantia entronca a sua legalidade no princípio da liberdade contratual, radicando o seu fundamento jurídico-positivo no artigo 405 do CCIV. II - O contrato de garantia não corresponde a qualquer perfil ou tipo de negócio jurídico descrito na lei - é um negócio atípico ou inominado. III - A inserção da cláusula "à primeira solicitação" ("ou first demand") tem um duplo alcance: em primeiro lugar, ela significa que o Banco renuncia a opôr ao beneficiário quaisquer excepções derivadas tanto da sua relação com o cliente e mandante (relação interna) como da relação causal (a relação entre o devedor principal...
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