Acórdão nº 068176 de Supremo Tribunal de Justiça (Portugal), 05 de Fevereiro de 1980 (caso NULL)
Magistrado Responsável | ARELO MANSO |
Data da Resolução | 05 de Fevereiro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1696 N1 ART1732. CCOM888 ART10. DL 363/77 DE 1977/09/02.
Jurisprudência Nacional: ASS STJ DE 1964/11/27 IN BMJ N141 PAG171. ASS STJ DE 1978/04/13 IN BMJ N276 PAG99.
Sumário : I - Sendo a divida exequenda da exclusiva responsabilidade do conjuge que avalizou as letras accionadas, respondem, por essa divida, dentro do regime da comunhão geral de bens, os seus bens proprios e, subsidiariamente, a sua meação nos bens comuns, mas, neste caso, o pagamento pode estar sujeito a moratoria (artigo 1696, n. 1, do Codigo Civil). II - O assento do Supremo Tribunal de Justiça, de 27 de Novembro de 1964, firmou a doutrina de que no dominio das relações imediatas era admissivel discutir se as obrigações cambiarias, como a resultante do aval, tinham ou não natureza comercial e a nova redacção do artigo 10 do Codigo Comercial, dada pelo Decreto-Lei n. 363/77, de 2 de Setembro, so alterou aquela doutrina em dois pontos: na referencia as dividas dos dois conjuges e na referencia as dividas...
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