Acórdão nº 0054461 de Court of Appeal of Lisbon (Portugal), 22 de Setembro de 1992
| Data | 22 Setembro 1992 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: LULL ART32. CCOM888 ART10 ART15. CCIV66 ART374 ART376 N1 ART1696 N1.
Jurisprudência Nacional: AC STJ DE 1983/07/26 IN BMJ N329 PAG592. AC STJ DE 1980/02/05 IN BMJ N224 PAG244.
Sumário: I - A qualificação do acto de que emerge a obrigação do subscritor do título cambiário depende da natureza da relação subjacente. II - Embora das livranças resultantes da reforma de outra nada conste, se esta indicar como causa debendi "transacção comercial - operação de tesouraria" tal significa que a subscrição deste título cambiário tem subjacente um acto comercial, pelo que a prova da comercialidade substancial da dívida exequenda está feita. III - Sendo exequente um banco comercial e executada uma...
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