Acórdão nº 075533 de Supremo Tribunal de Justiça (Portugal), 20 de Outubro de 1988 (caso NULL)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 20 de Outubro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART51 N1. CCIV66 ART12 N2. DL 242/85 DE 1985/07/09 ART6.
Sumário : I - Ao Decreto-Lei n. 242/85, de 9 de Julho, não foi, como "lei nova", atribuida eficacia retroactiva, pelo que não pode tal lei conferir força executiva a titulo que a não possuia a face da lei vigente ao tempo da instauração da execução. Não se trata, com efeito, de hipotese prevista no artigo 12, n. 2, segunda parte, do Codigo Civil, porquanto "a lei nova não esta a dispor sobre o conteudo da relação juridica, abstraindo dos factos que lhe deram origem, mas antes a considerar o efeito de tais factos na medida em que dispensa o reconhecimento notarial da assinatura do devedor nos cheques". II - Se a assinatura do "subscritor" do cheque em que se baseia a execução instaurada...
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