Acórdão nº 9620187 de Court of Appeal of Porto (Portugal), 20 de Maio de 1997
Data | 20 Maio 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART304 ART310 B ART323 ART327 ART651. CPC67 ART505.
Sumário: I - Tendo decorrido mais de 5 anos desde a data de vencimento de uma das rendas mensais relativas a um contrato de locação financeira até à propositura da acção em que o Autor pediu a condenação do Réu e do seu fiador a pagaram-lhe o valor dessa renda há que concluir estar prescrita a obrigação, a menos que tenha havido interrupção. II - Satisfazer uma ou mais das rendas mensais previstas nesse contrato em nada significa o reconhecimento de que estejam em dívida outra ou outras já vencidas, significando, sim, o reconhecimento da obrigação emergente de certa fonte, no seu conjunto. III - Para...
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