Acórdão nº 083775 de Supremo Tribunal Administrativo (Portugal), 09 de Dezembro de 1993 (caso None)
| Magistrado Responsável | ARAUJO RIBEIRO |
| Data da Resolução | 09 de Dezembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS IN COMENTÁRIO AO CPC VOLI PAG92.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV.
Legislação Nacional: LULL ART14 ART16 N1 ART18 N1. CPC67 ART45 ART55 N1 ART56 N1 ART922 N3. CPC39 ART56.
Sumário : I - O sacador duma letra que a endossou a um banco e que depois a viu regressar à sua posse por não ter sido paga, poderá fazer valer os seus direitos mesmo sem riscar o endosso, no domínio da acção declarativa. II - Literalmente, o sacador que esteja na referida situação, não é portador legítimo da letra, uma vez que não se encontra na ponta final duma cadeia ininterrupta de endossos e, tendo-a endossado, transmitiu para o endossado todos os direitos emergentes da letra. III - Se, na petição da acção executiva se alegou que a letra foi apresentada a...
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