Acórdão nº 086393 de Supremo Tribunal de Justiça (Portugal), 16 de Maio de 1995 (caso NULL)
Magistrado Responsável | PAIS DE SOUSA |
Data da Resolução | 16 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: A VARELA RLJ ANO120 PAG282. R VELHA DESC BANC COLIG CUMUL TJ N2 PAG11.
Área Temática: DIR COM - TIT CRÉDITO. DIR ECON - DIR BANC. DIR PROC CIV.
Legislação Nacional: CCIV66 ART515 ART519 ART785 N1 N2 ART840. CCOM888 ART394 ART396. LULL ART17 ART47 ART48 N2 ART49 ART70 ART77. CPC67 ART30 N1 ART266 ART288 ART494 N1 I ART495 ART510 N1 ART668 N1 B.
Jurisprudência Nacional: AC STJ DE 1988/04/19 IN BMJ N376 PAG574. AC STJ DE 1981/10/15 IN BMJ N310 PAG308.
Sumário : I - Tendo o banco que descontou livranças proposto acção contra o subscritor das mesmas com base na relação cambial e na relação subjacente de desconto bancário, e contra os avalistas ao subscritor das mesmas livranças, não há qualquer coligação passiva ilegal, sendo admissível a acção, não havendo absolvição da instância dos avalistas. II - No despacho saneador só há que conhecer das excepções dilatórias existentes, por arguição ou oficiosamente. III - O tribunal de recurso só pode e deve conhecer das questões apreciadas no tribunal recorrido, ou que sejam de conhecimento oficioso e não de...
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