Acórdão nº 064685 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1973 (caso None)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 02 de Novembro de 1973 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG. DIR COM - TIT CREDITO.
Legislação Nacional: CCIV66 ART458 ART636 ART637 N1. CPC67 ART193. LULL ART70.
Jurisprudência Nacional: ASS STJ DE 1936/05/08 IN DG IS 1936/05/22. ASS STJ DE 1962/07/12 IN DG IS 1962/07/12 IN BMJ N118 PAG313.
Sumário : I - Ao intentar-se uma acção, tem de invocar-se a causa de pedir, pois se tal não suceder a petição e inepta, como se conclui do preceituado no artigo 193 do Codigo de Processo Civil. II - Acontecendo que os reus, em documento particular, se responsabilizaram como fiadores ate determinado montante que uma sociedade anonima devesse ou viesse a dever ao Banco autor por qualquer responsabilidade, nomeadamente por desconto de letras, aceites bancarios ou livranças, e tendo o autor, ao intentar a acção, invocado apenas as obrigações cambiarias contraidas pela afiançada, nelas baseando o seu direito de credito, não aludindo a relação subjacente ou fundamental, nem a caracterizando ou definindo em termos atendiveis, conclui-se que a causa de pedir reside nas obrigações cambiarias resultantes das letras indicadas no processo. III - Tendo o fiador o direito de opor ao credor, alem dos meios de defesa que lhe são proprios, aqueles que competem ao devedor, salvo se forem incompativeis com a obrigação do fiador (n. 1 do artigo 637 do Codigo Civil), os demandados podiam opor ao...
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