Acórdão nº 0007403 de Court of Appeal of Lisbon (Portugal), 20 de Janeiro de 1978
| Magistrado Responsável | BARROS BAIÃO |
| Data da Resolução | 20 de Janeiro de 1978 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - TIT CRÉDITO.
Jurisprudência Nacional: ASS STJ DE 1966/02/01 IN BMJ N154 PAG131. AC STJ DE 1977/07/07 IN BMJ N269 PAG169. AC STJ DE 1969/03/04 IN BMJ N187 PAG287.
Sumário: I - Nos termos do Assento de 1 de Fevereiro de 1966, o aval que não indique o avalizado é sempre prestado a favor do sacador. II - Esse assento fixa uma norma dispositiva e, como tal, inderrogável, mesmo nas relações imediatas. III - A prescrição da acção cambiária não implica a extinção da obrigação subjacente. IV - O aval é apenas uma garantia cambiária que, embora com natureza jurídica semelhante à da fiança, não pode...
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