Acórdão nº 066354 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1977 (caso NULL)
| Magistrado Responsável | DANIEL FERREIRA |
| Data da Resolução | 13 de Janeiro de 1977 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART217 N1 ART519 ART840 N1 N2 ART859. CCIV867 ART803. CPC67 ART662 N1 ART668 N1 E. LULL ART47.
Sumário : I - A novação traduz-se na convenção atraves da qual as partes extinguem uma obrigação para criarem uma nova em lugar daquela. Todavia, a manifestação de vontade tacita não e admissivel para declarar o animus novandi. II - Existe dação pro solvendo, e não novação ou dação em cumprimento, quando o Banco, portador de uma letra, aceita no seu vencimento a dação de uma livrança subscrita pelo sacador da letra, para obter mais facilidades na cobrança do credito. III - Se o credor demandar simultaneamente, em acções distintas, o subscritor...
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