Acórdão nº 0038141 de Supremo Tribunal Administrativo (Portugal), 09 de Abril de 1991 (caso None)
| Magistrado Responsável | MACHADO SOARES |
| Data da Resolução | 09 de Abril de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: F C LIÇÕES DE D COMERCIAL - LETRA DE CÂMBIO PAG198 PAG206 PAG200 PAG48. PEDRO P V DIR COMERCIAL - TÍTULOS DE CRÉDITO PAG128 PAG129.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: DL 32675 DE 1943/04/29 PARUNICO. LULL ART17 ART31 ART32 ART47 ART77. CCIV66 ART628 N1 ART652.
Jurisprudência Nacional: AC STJ DE 1986/01/23 IN BMJ N353 PAG482. AC STJ DE 1979/10/30 IN BMJ N290 PAG434. AC STJ DE 1955/01/28 IN BMJ N47 PAG484. AC STJ DE 1977/05/17 IN BMJ N267 PAG149. AC RL DE 1960/03/25 IN JR ANO6 PAG249. AC RL IN CJ T1 PAG80. AC STJ DE 1964/03/21 IN BMJ N139 PAG352.
Sumário: O aval não reveste a natureza de fiança. O aval difere da fiança em dois aspectos do seu regime: por um lado, subsiste à invalidade da obrigação garantida, salvo se a invalidade for consequência de vício de forma; por outro lado, enquanto o fiador que paga só tem...
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