Acórdão nº 076148 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1988 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 29 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT SA CARNEIRO RT ANO64 PAG162. BMJ N304 PAG379. A REIS RLJ ANO79 PAG92. R BASTOS NOTAS COD PROC CIV VIII PAG398.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: LULL ART1 ART2 ART7 ART16 N1 ART32 N2 ART47 N2 N3 ART70 ART71 ART77 ART78. CPC67 ART511 N4 N5 ART722 N2 ART754 ART755. DL 422/85 DE 1985/07/09. CCIV66 ART636.
Jurisprudência Nacional: AC STJ DE 1986/06/06 IN BMJ N351 PAG435. AC STJ DE 1986/04/17 IN BMJ N356 PAG412.
Sumário : I - O Supremo não pode censurar a decisão do tribunal recorrido de que o processo dispunha de todos os elementos indispensaveis a uma decisão conscienciosa, apenas podendo, se for caso disso, mandar ampliar a materia de facto. II - O subscritor de uma livrança e responsavel da mesma forma que o aceitante de uma letra, sendo-lhe aplicavel as disposições relativas ao aval e a prescrição. III - As acções contra o aceitante relativas a letras prescrevem em tres anos a contar do seu vencimento, e dado que o dador do aval e responsavel da mesma maneira que a pessoa por ele afiançada, mas interrompida a prescrição em...
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