Acórdão nº 0408230 de Court of Appeal of Porto (Portugal), 25 de Janeiro de 1990
Magistrado Responsável | JOSE MARQUES |
Data da Resolução | 25 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCOM888 ART10. CCIV66 ART1696 N1. CPC67 ART825 N2.
Sumário: I - Para efeitos do disposto nos artigos 1696, nº 1 do Código Civil, e 10 do Código Comercial, a dívida cambiária só é comercial quando o seja a obrigação subjacente. II - Deve considerar-se comprovado tal facto pela invocação no requerimento inicial da execução de que a letra exequenda titula uma transacção comercial e suceda que os executados não impugnem tal invocação e sejam comerciantes todos os que subscreveram a letra como aceitantes e endossados e sacadora, e ainda que tal não seja posto em dúvida pela embargante de terceiro que apenas invoca ou apenas se limita a alegar que a dívida não é comercial para o avalista, seu marido, por provir de aval que a gerou, pois o que está em causa é a comercialidade da obrigação subjacente à letra que não foi posta em causa...
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