Acórdão nº 070401 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1983 (caso NULL)
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 07 de Março de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR PROC CIV. DIR COM - TIT CREDITO.
Legislação Nacional: CPC67 ART473 ART491 ART664 ART668 N1 D ART716 ART731 N1. LULL ART9 ART11 N3 ART14 ART30 ART31 ART32 ART43 ART47 ART48 N2.
Sumário : I - Não invocando, na petição inicial, a qualidade de aceitante de letras, nem estas se mostrando aceites, e limitando-se aquele a alegar ser seu dono e legitimo portador, por virtude do endosso que delas consta, feito a seu favor pela sacadora, a quem os demais reus deram o seu aval, e se perante este condicionalismo, a Relação, contra o que os titulos demonstravam e sem que ninguem o afirmasse, considerou ter havido aceite das letras por parte do mesmo autor, foi cometida no acordão a nulidade decorrente dos artigos 664, 668, n. 1, alinea d), II parte, e 716, do Codigo de Processo Civil, cujo suprimento cabe ao Supremo, nos termos do artigo 731, n. 1, do mesmo diploma. II - Tendo na acção sido demandados os avalistas da sacadora, sem se lhes imputar qualquer intervenção no negocio juridico do desconto bancario alegado, e inadmissivel o entendimento segundo o qual se trataria de uma acção destinada a fazer valer os direitos resultantes do referido negocio, verificando-se, assim, que...
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