Acórdão nº 080859 de Supremo Tribunal de Justiça (Portugal), 17 de Novembro de 1992 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 17 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR COM - TIT CRÉDITO. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART456 N3 ART676 N1. CCIV66 ART236 ART238 ART627. LULL ART30 ART31 ART32 ART70.
Sumário : I - A interpretação da vontade expressa numa carta-contrato, pode ser levada ao conhecimento do Supremo Tribunal de Justiça, pois trata-se de apurar não unicamente a vontade real, mas a vinculação jurídica dos sujeitos negociais; o sentido jurídicamente relevante que as suas declarações comportam à luz, entre outros, dos artigos 236 e 238 do Código Civil, e a aplicação ou preterição de regras jurídicas, é questão de direito. II - Da declaração, exarada numa carta-contrato, de que o seu subscritor assinou como avalista do sacador inteira e solidária responsabilidade pelas obrigações por este contraídas perante o Banco a quem a carta é dirigida como beneficiário do crédito concedido e autoriza o Banco a efectuar, no vencimento das obrigações, o correspondente débito em...
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