Acórdão nº 070466 de Supremo Tribunal de Justiça (Portugal), 14 de Julho de 1983 (caso NULL)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 14 de Julho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART30 N1 N2 ART273 N1 ART729 N2. CCIV66 ART3 ART334 ART857 ART859.
Sumário : I - Com base num mesmo título de crédito - uma letra - pode um Banco accionar dois réus, o sacador, como beneficiário e o aceitante como obrigado cambiário, não sendo incompatíveis as causas de pedir invocadas. II - É elemento fundamental da novação a vontade manifestada de forma inequívoca, não susceptível de dúvidas, de constituir uma nova obrigação em substituição da antiga, dado a novação se traduzir em convenção entre as partes pela qual elas extinguem uma obrigação e criam uma nova obrigação no lugar da antiga. III - O facto de um Banco não ter...
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