Acórdão nº 070833 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1983 (caso None)
| Data | 12 Janeiro 1983 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT 2EDI VOLLII PÁG133.
Área Temática: DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART840 ART857 ART859 ART861 N1 N2. CPC67 ART729 N2.
Sumário : I - A subscrição de uma letra não implica em regra, novação da obrigação fundamental ou subjacente - artigo 859 do Código Civil. II - Mas estando em causa obrigações cambiárias, ou seja as obrigações constantes das letras iniciais e as constantes das letras de reforma, é de considerar a existência da novação objectiva, dado ser da própria essência da operação de reforma da letra a substituição da obrigação cambiária constante da letra inicial pela obrigação cambiária da nova letra, extinguindo-se aquela. III - E como efeito da extinção da dÍvida...
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