Acórdão nº 9450119 de Court of Appeal of Porto (Portugal), 30 de Junho de 1994
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 30 de Junho 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 TERCEIRA SECÇÃO.
Área Temática: DIR COM - TIT CRÉDITO.
Legislação Nacional: LULL ART17.
Jurisprudência Nacional: AC RP DE 1979/05/15 IN CJ T3 ANOIV PAG949. AC RP DE 1978/02/09 IN CJ T1 ANOIII PAG178.
Sumário: I - No direito cambiário há que distinguir entre relações mediatas e relações imediatas. Nas primeiras, que são por via de regra as que se estabelecem entre os subscritores originais da letra, esta ainda não entrou em circulação, pelo que não há interesses de terceiros a proteger; e, assim, nesse domínio não desempenha a letra a sua função autónoma e abstracta, pelo que qualquer das partes pode demonstrar o conteúdo da relação extra-cartular que esteve na origem do título cambiário. II - Nas segundas, que são as que se verificam quando a letra está na posse de...
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