Acórdão nº 0035572 de Supremo Tribunal Administrativo (Portugal), 14 de Fevereiro de 1991 (caso None)
| Magistrado Responsável | LOPES PINTO |
| Data da Resolução | 14 de Fevereiro de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART249 ART258 ART334 ART524 ART592 N1 ART627 N1 ART634 ART640 ART644 ART645 N1 N2 ART646 ART653 ART655 N1 N2 ART804 ART805 N2 A ART1045 N1 N2.
Sumário: I - Num dos pressupostos para se poder ter como eventualmente subsumíveis os factos à figura da caducidade da fiança (artigo 652, n. 1, do CC) é a de que o fiador goze do benefício de excussão. Tal não sucede se o mesmo assumiu a obrigação como principal pagador. II - O fiador, ainda que tenha assumido a obrigação como principal pagador, não tem legitimidade, nessa qualidade, para resolver o contrato em nome do devedor. III - Não impendendo sobre o credor a obrigação de...
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