Acórdão nº 9730075 de Court of Appeal of Porto (Portugal), 19 de Junho de 1997
| Data | 19 Junho 1997 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART217 ART220 ART289 ART410 N2 ART859.
Jurisprudência Nacional: AC STJ DE 1990/11/27 IN BMJ N401 PAG579. AC STJ DE 1993/06/03 IN BMJ N428 PAG574. AC STJ DE 1995/01/12 IN CJSTJ T1 ANOIII PAG19. AC STJ DE 1995/03/21 IN CJSTJ T1 ANOIII PAG126. ASS STJ DE 1989/01/29 IN DR IS-A 1990/02/23.
Sumário: I - Deve ser expressamente manifestada, na novação por substituição do devedor, a vontade de contrair a nova obrigação em substituição da antiga. II - Se o credor aceita um pagamento feito por terceiro através de cheque que não teve cobertura, esse pagamento configura uma co-assunção cumulativa de dívida, sem consentimento do antigo devedor, e sem que este fique exonerado, antes...
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