Acórdão nº 9340606 de Court of Appeal of Porto (Portugal), 18 de Janeiro de 1994
| Magistrado Responsável | MATOS FERNANDES |
| Data da Resolução | 18 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART342 N2 ART857 ART859.
Jurisprudência Nacional: ASS STJ DE 1936/05/08 IN DG IS DE 1936/05/22. AC STJ DE 1988/06/01 IN BMJ N378 PAG714. AC STJ DE 1968/01/09 IN BMJ N173 PAG305.
Sumário: I - A novação envolve a extinção imediata da obrigação antiga; a "datio pro solvendo" pressupõe a manutenção desta obrigação, cuja satisfação ela visa apenas auxiliar ou facilitar. II - Na "datio pro solvendo", se o credor exigir ao devedor o cumprimento da obrigação originária pode este excepcionar que ele é obrigado a procurar primeiro a satisfação pelo direito ou coisa prestada "pro solvendo". III - A menos que o credor, oferecendo a restituição do objecto da dação, afaste a excepção e...
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