Acórdão nº 068948 de Supremo Tribunal de Justiça (Portugal), 17 de Fevereiro de 1981 (caso NULL)
Data | 17 Fevereiro 1981 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - TIT CREDITO. DIR CIV - TEORIA GERAL. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART325 N1 ART342 N1 N2. LULL ART31 ART47 ART48 ART70 ART71. CPC67 ART516.
Sum·rio : I - Vindo apurado em materia de facto, que n„o pode ser alterada, que o reu assinou, no verso da letra de cambio accionada e por baixo das palavras "por aval", a que se segue uma outra n„o terminada "aceitan" - supondo-se ter querido escrever o vocabulo "aceitante", mas que por qualquer motivo n„o o fez - n„o e possivel averiguar qual o exacto conteudo de vontade inserto pelo reu na declaraÁ„o por si aposta na letra. II - Incumbe ao autor provar (artigo 342, n. 1, do Codigo Civil), tal como alegou na petiÁ„o inicial, que o aval prestado pelo reu o fora pelo aceitante, pelo que n„o o tendo conseguido e porque o facto lhe aproveita, tem a duvida subsistente que ser resolvida contra si, de harmonia com o artigo 516 do Codigo de Processo Civil. III - Assim, e sem embargo de se ter de julgar que o aval e perfeitamente valido, tinha de ser considerado prestado a favor da sacadora, por imposiÁ„o do artigo 31 da Lei Uniforme sobre Letras e LivranÁas, prescrevendo a acÁ„o do autor portador da letra contra avalista da sacadora no prazo de um ano, contado do protesto...
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