Acórdão nº 074560 de Supremo Tribunal de Justiça (Portugal), 12 de Fevereiro de 1987 (caso NULL)
| Data | 12 Fevereiro 1987 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M JULIO POLIS V2 PAG1419.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV66 ART224 N1 N2 ART637 N1. DL 48871 DE 1969/02/19 ART89 ART93 ART95 N2 ART96 ART100 N3. DL 235/86 DE 1986/08/18 ART235. CPC67 ART721 N2.
Sumário : I - Dada a acessoriedade que caracteriza a fiança, o Banco fiador tem o direito de usar de todos os meios de defesa de que o seu afiançado poder usar - artigo 637, n. 1 do Codigo Civil. II - A adjudicação da obra publica deveria ter sido notificada a concorrente preferida - artigo 95, n. 2 do Decreto-Lei n. 48871, de 19/02/69, o que a Autora, Camara Municipal, não provou, embora requisito indispensavel - artigo 224, n. 1 do Codigo Civil, pelo que a caução provisoria não podia ser declarada perdida a favor da Autora. III - Quanto a outra empreitada...
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