Acórdão nº 97A517 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1997 (caso NULL)
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 28 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO.
Indicações Eventuais: A DELGADO IN LEI UNIFORME SOBRE LETRAS E LIVRANÇAS 3ED PAG88. A VARELA IN DAS OBG EM GERAL VOLI 4ED PAG408.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL / DIR OBG. DIR COM - TIT CRÉDITO.
Legislação Nacional: CPC67 ART653 N2 ART712 ART802 ART813 E ART815. CCIV66 ART374 ART376 ART428 - ART431 ART762 N2 ART874 ART879 B C. LULL ART17.
Sumário : I - O STJ pode e deve, ao julgar de direito, verificar se a 2. instância fez correcto uso do artigo 712 do CPC, do ponto de vista processual, para alterar julgamento fáctico da 1. instância. II - A causa final do endosso de cheques é passível de qualquer tipo de prova complementar da literalidade dos cheques, no âmbito endossante-endossado. III - A literalidade do artigo 428 do C. Civil não esgota o regime jurídico sobre reciprocidade de comportamentos. IV - Segundo o príncipio da boa fé, a...
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