Acórdão nº 9340781 de Court of Appeal of Porto (Portugal), 18 de Abril de 1994
| Magistrado Responsável | LUCIO TEIXEIRA |
| Data da Resolução | 18 de Abril de 1994 |
| 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.
Legislação Nacional: CCIV66 ART798 ART801 N2 ART634.
Jurisprudência Nacional: AC STJ DE 1993/03/09 IN CJSTJ T2 ANOI. AC RP PROC9230125 DE 1992/07/06.
Sumário: I - Não cabe ao credor, garantido com fiança, proteger ou acautelar os interesses do fiador, sobretudo quando este renunciou ao benefício da excussão. Este dever de diligência é vínculo exclusivo do próprio fiador, até pelo que resulta do disposto no artigo 634 do Código Civil. II - O fiador assume a sua obrigação perante o credor e cabe-lhe, a ele fiador, gerir esse vínculo, incluindo tomar a diligência de seguir o cumprimento...
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