Acórdão nº 9150112 de Court of Appeal of Porto (Portugal), 08 de Julho de 1991
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 08 de Julho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART217 N1 ART1142. CCOM888 ART394 ART395 ART396.
Jurisprudência Nacional: ASS STJ DE 1936/05/08. AC STJ DE 1977/05/26 IN BMJ N267 PAG136.
Sumário: I - A emissão duma letra não implica, em regra, a novação de obrigação, significando tão só uma "datio pro solvendi", ou seja a constituição de uma obrigação cambiária destinada a facilitar ao credor a satisfação de um crédito. II - A obrigação fundamental não fica extinta com a assunção da obrigação cambiária - aquela subsiste ao lado desta embora sejam independentes uma da outra. III - Pelo facto de serem emitidas letras, não pagas parcialmente e reformadas, não se converte a nova obrigação cartular emitida em mútuo; continua-se perante...
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