Acórdão nº 9210409 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1993
| Magistrado Responsável | SAMPAIO DA NOVOA |
| Data da Resolução | 07 de Janeiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART220 ART289 N1 ART840 ART1142 ART1143. CPC67 ART274 N2 B. DL 171/79 DE 1979/06/06.
Sumário: I - A obrigação cambiária mantém-se incólume mesmo quando é nulo, designadamente por falta de forma, o mútuo que lhe está subjacente. II - Na verdade, não pode deixar de ser presumida a vontade de constituir uma " datio pro solvendo " quando os mutuários subscrevem um título de crédito, cujas características não podem desconhecer. III - O...
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