Acórdão nº 086768 de Supremo Tribunal Administrativo (Portugal), 12 de Dezembro de 1995 (caso None)
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 12 de Dezembro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO106 PÁG376. A VARELA IN DAS OBRIGAÇÕES VOLII PÁG364.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL.
Legislação Nacional: CCIV66 ART236 ART595 ART627 ART628 N2 ART632 ART635 ART636 ART637 N1.
Referências Internacionais: CONV DE BRUXELAS DE 1924/08/25 ART3 N6.
Sumário : I - A garantia de pagamento de dívida alheia, em nome e no interesse do devedor inicial, sem interesse próprio ou objectivo do garante, não constitui, em princípio, assunção de dívida mas simples prestação de fiança (artigos 595 e 627 do Código Civil). II - O fiador pode, em regra, invocar contra o credor, como meio de defesa, a excepção de caducidade do direito de acção, verificada em relação ao devedor principal...
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