Acórdão nº 077497 de Supremo Tribunal Administrativo (Portugal), 07 de Novembro de 1990 (caso None)
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 07 de Novembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CCIV66 ART41 ART42 ART558 ART559 ART627 ART631 ART634 ART637 ART642 N2 ART806.
Sum·rio : I - Uma garantia bancaria autonoma do tipo "Performance Bonds" e uma garantia exigida ao contraente para bom cumprimento da prestaÁ„o. II - Esta garantia bancaria e causal, porque e vinculada a prestaÁ„o da garantia, e e autonoma, porque e independente do contrato base. III - Tal garantia distingue-se da fianÁa porque esta e causal, mas n„o e autonoma mas sim acessoria, porque subordinada a validade da obrigaÁ„o principal. IV - A uma tipica garantia bancaria autonoma, em que a obrigaÁ„o resultante e uma obrigaÁ„o pecuniaria, n„o s„o aplicaveis as normas dos artigos 627, 631, 634, 637 e 642 n. 2 do Codigo Civil, todas elas relativas a fianÁa. V - Por forÁa do disposto nos artigos 41 e 42 do Codigo Civil, n„o tendo as partes estipulado expressamente outra lei, e a lei portuguesa a aplicavel a determinaÁ„o de taxa supletiva dos juros legais, num contrato de garantia celebrado entre sociedades sediadas em territorio portugues, apesar de o montante da quantia ser fixado em moeda estrangeira (artigo 558, 559 e 806 do Codigo Civil) e de no...
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