Acórdão nº 9721018 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1998 (caso NULL)
| Data | 03 Fevereiro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART12 N1 N2 ART220 ART627. DL 171/79 DE 1979/06/06 ART8 N1 N2. DL 149/95 DE 1995/06/24 ART3 N1. DL 265/97 DE 1997/10/02.
Sumário: I - A vontade de prestar fiança deve ser expressamente declarada pela forma exigida para a obrigação principal. II - Num contrato de locação financeira em que se utilizou a expressão por " aval " em vez de " por fiança ", mas em que não existe qualquer título de câmbio ( letra ou livrança ), deve entender-se que tais expressões se equivalem e se quis...
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