Acórdão nº 0049561 de Supremo Tribunal Administrativo (Portugal), 21 de Setembro de 1993 (caso None)
| Magistrado Responsável | ALMEIDA AMARAL |
| Data da Resolução | 21 de Setembro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Indicações Eventuais: PEREIRA COELHO LIÇÕES DE DIREITO COMERCIAL II PAG5 PAG22 PAG125. FERRER CORREIA LIÇÕES DE DIREITO COMERCIAL PAG142 II.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: LULL ART53 ART67 ART68 ART77.
Jurisprudência Nacional: AC RP DE 1955/01/05 IN JR N1 PAG95. AC STJ DE 1963/10/25 IN BMJ N130 PAG509. AC RL DE 1964/01/03 IN JR N10 PAG3. ACSTJ DE 1988/03/01 IN BMJ N375 PAG222. AC RP DE 1988/11/10 IN BMJ N381 PAG752.
Sumário: I - A doutrina e jurisprudência são correntes no sentido da desnecessidade do protesto por falta de pagamento para o portador de uma livrança demandar o avalista do subscritor da mesma, pois a excepção contida no artigo 53 da L.U. - aplicável por força do artigo 77 deste diploma - é extensiva ao avalista do aceitante, já que o mesmo, ao assinar a livrança, assume uma obrigação identica à do aceitante (passa por...
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