Acórdão nº 075133 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1987 (caso NULL)
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 22 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - TIT CREDITO. DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL. DIR CONST. DIR INT PRIV.
LegislaÁ„o Nacional: LULL ART48 N2 ART49 ART70. CCIV66 ART323 ART591 N1. CPC67 ART467 ART722 N2. DL 262/83 DE 1983/06/16 ART4. DL 200-C/80 DE 1980/06/24. PORT 443/80 DE 1980/07/31. PORT 581/83 DE 1983/05/18. PORT 339/87 DE 1987/04/24. CONST82 ART8 N1 ART207 ART208.
ReferÍncias Internacionais: CONV DE GENEBRA DE 1930/06/07 ART1 ART8 ART9 ANEXO II ART13. CONV DE VIENA SOBRE DIREITOS E TRATADOS ART62.
JurisprudÍncia Nacional: AC TC IN DR IIS 1986/01/07.
Sum·rio : I - Tendo a RelaÁ„o concluido que o atraso na citaÁ„o do reu n„o foi devido a culpa do autor, que requerera a citaÁ„o daquele quinze dias antes do termo do prazo prescricional de uma letra, n„o se opera a prescriÁ„o da obrigaÁ„o cambiaria. II - A culpa, fundada na inobservancia dos deveres gerais de diligencia, constitui materia de facto cujo conhecimento e da exclusiva competencia das instancias. III - O Supremo Tribunal de JustiÁa n„o pode exercer censura sobre a decis„o das instancias quanto a essa quest„o, o que so n„o aconteceria se se tratasse de culpa resultante da infracÁ„o de normas legais, culpa essa que constituiria materia de direito. IV - Face ao artigo 1 da ConvenÁ„o de Genebra de 6 de Julho de 1930 e ao artigo 13 do seu Anexo II, distinguem-se dois compromissos negociados e acordados: o primeiro relativo as letras emitidas no territorio de uma das partes contratantes e pagaveis na outra, e o segundo respeitante a letras emitidas e pagaveis no territorio da mesma parte. V - Por virtude daquele primeiro compromisso, os juros moratorios ficariam obrigatoriamente sujeitos em todo o lado a taxa convencionada de 6%. VI - Por virtude do segundo principio, os juros moratorios so ficariam...
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