Acórdão nº 9320838 de Court of Appeal of Porto (Portugal), 30 de Maio de 1994
| Magistrado Responsável | CASTRO FERREIRA |
| Data da Resolução | 30 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART405.
Jurisprudência Nacional: AC RL DE 1990/11/13 IN CJ T5 ANOXV PAG187.
Sumário: I - Sendo a garantia bancária uma figura autónoma e não confundível com a fiança, não pode o Banco garante usar dos meios de defesa do empreiteiro contra o dono da obra, a favor do qual foi prestada a garantia bancária. II - Tendo o empreiteiro abandonado a obra, o dono desta pode exigir do Banco a entrega das quantias correspondentes...
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