Acórdão nº 9630516 de Court of Appeal of Porto (Portugal), 27 de Junho de 1996
Data | 27 Junho 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR COM - TIT CRÉDITO. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART252 N1 ART260 N4. LULL ART7 ART26 N2 ART25 ART56 N1 ART57 ART32. CPC67 ART193 N2 B ART474 N1 A.
Sumário: I - Nos actos escritos, para que os gerentes vinculem a sociedade, torna-se necessário que eles gerentes, façam acompanhar a aposição da sua assinatura com indicação dessa qualidade. II - A obrigação cambiária do sacado só nasce com o aceite. III - Ao surgir a assinatura sob a expressão " aceite " e transversa no rosto de letras de câmbio, lado esquerdo, de A. que não é sacado, interveio ele, facultativa e validamente, em tal qualidade. IV - Emergindo as assinaturas do aceitante e dos avalistas apostas pelo punho dos próprios, com toda a regularidade, têm eles de assumir, em pleno e em nome individual, a correspectiva qualidade cambiária. V - O aval é um...
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