Acórdão nº 9721391 de Court of Appeal of Porto (Portugal), 03 de Março de 1998
Data | 03 Março 1998 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART280 N1. LULL ART10 ART75 N6 ART76 ART77.
Jurisprudência Nacional: AC RL DE 1988/12/15 IN CJ T5 ANOXIII PAG122.
Sumário: I - O artigo 10 da Lei Uniforme admite a " validade " da livrança a que falte algum dos requisitos do artigo 75, embora a " eficácia " dela fique condicionada ao seu preenchimento integral; a falta desses requisitos não impede a sua circulação como título cambiário. II - Para estarmos perante uma " livrança em branco " é necessário que: lhe falte algum requisito essencial; esteja ela assinada pelo obrigado; essa assinatura conste de um título que contenha a designação expressa e impressa de " livrança " ou de um impresso aceite como livrança; a assinatura tenha sido feita com a intenção de contrair uma obrigação cambiária e exista um válido contrato de preenchimento, expresso ou tácito, donde essa intenção se deduza necessariamente. III - O preenchimento inconsentido e arbitrário do lugar da emissão leva à...
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