Acórdão nº 083671 de Supremo Tribunal de Justiça (Portugal), 08 de Junho de 1993 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 08 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR COM - TIT CRÉDITO. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART280 N1 ART281 ART334 ART400 ART457 ART640 A ART627 N1 ART762 N2 ART767. CPC67 ART668 N1 D ART712 ART715 ART721 ART729. DL 48948 DE 1969/04/03. L 38/87 DE 1987/12/23.
Jurisprudência Nacional: AC STJ DE 1988/02/11 IN BMJ N374 PAG455. AC STJ DE 1988/09/28 IN BMJ N379 PAG567.
Sumário : I - A fiança tanto pode ser constituída por contrato, como por negócio jurídico unilateral. II - O negócio jurídico é nulo só quando o seu objecto é indeterminável, mas não indeterminado. III - A prestação não necessita de ser determinada no momento em que possa ser concretizada com os critérios estipulados pelas partes. IV - Não é de objecto indeterminável a fiança das dívidas que uma sociedade, de que os fiadores são sócios, venha a contrair com um Banco, designadamente através do desconto de efeitos comerciais. V - O Decreto-Lei n. 48948, de 3/4/69, regula o crédito a médio prazo, nada tendo a ver com a caducidade da fiança. VI - O artigo 654 do Código Civil alude à prestação de fiança para garantia de obrigações futuras e contempla os casos em que o fiador se pode libertar da sua obrigação. VII - O Supremo Tribunal de Justiça...
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