Acórdão nº 0016748 de Court of Appeal of Lisbon (Portugal), 28 de Janeiro de 1976
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 28 de Janeiro de 1976 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO100 PAG5. ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL V2 PAG272 PAG310. CUNHA GONÇALVES IN TRATADO DE DIREITO CIVIL.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART408 N1 ART583 ART589 ART592.
Jurisprudência Nacional: AC STJ DE 1950/04/25 IN COL OF N18 PAG481.
Sumário: I - A sub-rogação, que é a substituição de um credor por outro, pode revestir duas formas: - uma convencional, proveniente de um acordo entre o credor e terceiro, outra legal resultante da lei. II - Se um Banco empresta dinheiro a um casal e o capital mutuado é garantido por uma hipoteca na totalidade de um prédio urbano, pretencente em comum ao casal devedor e a outro casal, que dá o seu assentimento à hipoteca, se os mutuários não pagam o débito e este é pago pelo casal não devedor, com tal pagamento, dadas as circunstâncias em que foi feito, o casal não devedor fica sub-rogado legalmente nos direitos do Banco credor. III - Se mais tarde, após o vencimento da dívida, o Banco, por escritura pública, sub-roga os...
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