Acórdão nº 078664 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1991 (caso NULL)
| Magistrado Responsável | MOREIRA MATEUS |
| Data da Resolução | 18 de Abril de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV. DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CPC67 ART330 C ART683 N2 C. DL 262/83 DE 1983/06/16 ART4. LULL ART70. CCIV66 ART309.
Sumário : I - Os bancos portadores de letras que lhes foram entregues por endosso, na sequencia de operações de desconto bancario, podem, na acção movida contra o respectivo descontario, limitar-se a invocar, como causa de pedir, a relação subjacente, ou seja, o contrato de desconto. II - Nessa hipotese, a acção não tem natureza cambiaria, pelo que as obrigações assumidas estão sujeitas ao prazo de prescrição ordinaria do artigo 309 do Codigo Civil, e não ao prazo de prescrição das letras, previsto no artigo 70 da Lei Uniforme. III...
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