Acórdão nº 9620920 de Court of Appeal of Porto (Portugal), 03 de Dezembro de 1996
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 03 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART857 ART859. CPC67 ART916 N3. CPEREF93 ART63.
Jurisprudência Nacional: AC RL DE 1988/12/15 IN CJ T5 ANOXIII PAG126.
Sumário: I - Novação e moratória são realidades jurídicas distintas. Pela novação as partes pretendem extinguir a antiga obrigação mediante a constituição de um novo débito. Na moratória a intenção dos contraentes é a de manter a dívida, alterando, apenas, uma ou várias cláusulas acessórias ou secundárias da respectiva relação obrigacional ( as datas de amortização do capital, a taxa de juro... ). II - O único elemento seguro para distinguir a moratória e a novação é o recurso à vontade das partes. III - Se a medida de recuperação aprovada para a empresa subscritora das livranças em execução não configurar novação mas simples moratória, não deve ser...
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