Acórdão nº 9421250 de Court of Appeal of Porto (Portugal), 08 de Abril de 1997
Data | 08 Abril 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - DIR EXEC. DIR COM - TIT CRÉDITO. / DIR CIV - TEORIA GERAL.
Legislação Nacional: LULL ART10 ART75 ART76 ART77. CCIV66 ART280 N1.
Jurisprudência Nacional: AC STJ DE 1992/12/17 IN BMJ N422 PAG398. AC STJ DE 1993/01/21 IN CJSTJ T1 ANOI PAG71. AC STJ DE 1993/05/11 IN CJSTJ T2 ANOI PAG98. AC STJ DE 1994/05/10 IN CJSTJ T2 ANOII PAG93. AC RP DE 1994/01/31 IN CJ T1 ANOXIX PAG220.
Sumário: I - É nulo o contrato de preenchimento de uma livrança em branco que autoriza o tomador a preenchê-la com data de vencimento que julgasse conveniente e fixando o montante e responsabilizando o subscritor e seu avalista por " todas e quaisquer dívidas e responsabilidades, sejam de que natureza for, que existam ou venham a existir perante ( o tomador ), vencidas e, ou, vincendas, que tenham sido ou venham a ser...
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