Acórdão nº 0077831 de Court of Appeal of Lisbon (Portugal), 10 de Maio de 1994
| Magistrado Responsável | BETTENCOURT FARIA |
| Data da Resolução | 10 de Maio de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: ANTUNES VARELA IN OBRIGAÇÕES 2ED V2 PAG205.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART234 ART255 N1 ART863 N1. CONST89 ART18 ART53. DL 138/85 DE 1985/05/03 ART4 N1 C.
Sumário: I - Remissão é a renúncia do credor ao direito de exigir a prestação, renúncia essa feita com a aquiescência da outra parte. Não basta renunciativa ou abdicativa do credor para extinguir a obrigação; este efeito só resulta do acordo entre os dois titulares da relação creditória. A remissão é um negócio informal. A lei é especialmente aberta à prova da aceitação do devedor. Mostrando-se que o credor subscreveu declaração de satisfação de eventuais créditos a pedido do devedor, tem-se que este pedido integra conduta do devedor demonstrativa de aceitar a proposta contratual, intenção essa que torna dispensável a...
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