Acórdão nº 9410309 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1994
| Magistrado Responsável | GONÇALVES VILAR |
| Data da Resolução | 20 de Dezembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART236 N1 ART857 ART861. P 317/88 DE 1988/05/18 ART21.
Jurisprudência Nacional: AC RL DE 1990/12/13 IN CJ T5 ANOXV PAG136.
Sumário: I - Se em contrato de prestação de garantia bancária se procura saber se se trata de uma obrigação autónoma, cabe o ónus da prova à parte que da respectiva cláusula pretenda beneficiar. II - É insuficiente para caracterizar a garantia bancária como de pagamento exigível " à primeira interpelação " a expressão constante do texto da prestação da garantia, de que o banco a pagará " logo que exigida ". III - Nesse caso o banco, dador da...
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