Acórdão nº 9120850 de Court of Appeal of Porto (Portugal), 21 de Maio de 1992
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 21 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART217 ART840 ART859.
Jurisprudência Nacional: AC STJ DE 1976/07/02 IN BMJ N259 PAG286. AC STJ DE 1978/05/30 IN BMJ N278 PAG239. AC STJ DE 1978/06/14 IN BMJ N294 PAG371.
Sumário: I - Há novação quando o subscritor e o avalista de uma livrança e um banco comercial acordam, após o vencimento desse título, que a obrigação originária - dívida no valor de 2400 contos, proveniente do respectivo desconto bancário - deixe de ser paga através do mesmo título e passe a ser paga através das rendas, cobradas pelo banco, dos arrendamentos de que o avalista é titular como senhorio, creditando, mensalmente, tais quantias para dedução no montante do débito. II - Tal acordo visa extinguir a obrigação originária e constituir uma obrigação nova, apesar de a relação obrigatória não perder a sua identidade, quer quanto ao objecto ( continua a ser da mesma espécie - dinheiro ), quer quanto à causa ( continua a ser o...
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