Acórdão nº 9250078 de Court of Appeal of Porto (Portugal), 23 de Março de 1992
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 23 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DE 1990 E DA TERCEIRA SECÇÃO. DOUTRINA CITADA NO ACÓRDÃO COM INTERESSE.
Área Temática: DIR PROC CIV. DIR CIV- DIR OBG.
Legislação Nacional: CCIV66 ART623 ART558. CPC61 ART429 N1 ART431 N2.
Jurisprudência Nacional: AC STJ DE 1986/04/03 IN BMJ N356 PAG320.
Sumário: I - O seguro caução é admissível como fiança; todavia, o caucionante tem de provar a impossibilidade de prestar a caução pelas formas previstas no nº 1 do artigo 623, do Código Civil, modalidades estas que pressupõem sempre uma quantia certa, a indicar pelo caucionante sob pena de ficar por definir a sua obrigação. II - Quando a caução não puder ser prestada por nenhum dos meios referidos naquele dispositivo - depósito em dinheiro, títulos de crédito, pedras preciosas, ou por penhor, hipoteca ou...
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