Acórdão nº 9420948 de Court of Appeal of Porto (Portugal), 09 de Maio de 1996
Magistrado Responsável | CUSTODIO MONTES |
Data da Resolução | 09 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR FAM.
Legislação Nacional: CCIV66 ART280 ART595 ART627 N1 ART631 ART632 ART634 ART635 ART636 ART637 ART638 ART644 ART1691 N1 A C ART1695.
Sumário: I - A distinção entre fiança e assunção de dívida depende dos termos usados no contrato e da interpretação que se lhes der. Perante as características da fiança - acessoriedade e subsidariedade - o devedor adjunto ou aderente assume como própria a dívida alheia e, no caso de o devedor primitivo se manter - assunção conjunta - ambos são responsáveis solidários pelo pagamento da dívida. II - Tendo a Ré mulher ( casada com o Réu em comunhão de adquiridos ) assinado um denominado " termo de fiança " em que se responsabiliza solidariamente com o marido pelo pagamento da dívida e renuncia ao benefício da excussão prévia, e em que a dívida se lhe comunica por, assinando esse termo, a ter consentido, há que concluir que o referido " termo de fiança " mais não é do que a co-assunção, pela Ré, das dívidas atinentes ao contrato outorgado pelo marido. III - Aliás a " fiança " seria nula por impossibilidade legal, pois esta tem como efeito assegurar com o património de um terceiro a satisfação da dívida do credor, o que constitui o objecto imediato ou conteúdo do negócio em que se traduz a fiança. Ora, respondendo os bens da...
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