Acórdão nº 9521068 de Court of Appeal of Porto (Portugal), 05 de Dezembro de 1996
| Data | 05 Dezembro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART623 N1 N2. CPC67 ART433 N1. DL 183/88 DE 1988/05/24 ART9 N2.
Jurisprudência Nacional: AC STJ DE 1986/04/03 IN BMJ N356 PAG320. AC RE DE 1996/01/12 IN CJ T1 ANOXXI PAG269. AC RL IN CJ T1 ANOX PAG164.
Sumário: - O seguro - caução é admissível, em tese geral, como modo idóneo de prestar caução ao abrigo do disposto no artigo 623 n.2 do Código Civil. II - O obrigado à caução, se quiser valer-se da faculdade deste n.2, terá de alegar e provar que não podia prestar caução por nenhum dos meios facultados pelo n.1. III - Segundo o Decreto-Lei 183/88, de 23 de Maio, o seguro de caução é celebrado entre o devedor da obrigação a garantir e a entidade que...
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