Acórdão nº 0091192 de Court of Appeal of Lisbon (Portugal), 26 de Janeiro de 1995
| Magistrado Responsável | LOUREIRO DA FONSECA |
| Data da Resolução | 26 de Janeiro de 1995 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: GALVÃO TELLES IN DIREITO DA OBRIGAÇÃO 6ED PAG55. A VARELA IN DAS OBRIGAÇÕES EM GERAL 2ED VII PAG204.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CONST89 ART207. DL 138/85 DE 1985/05/03 ART4 N1 C. DL 372-A/75 DE 1975/07/16 ART8 N1 ART13 ART14 ART20. CCIV66 ART236 ART405 ART863. DL 260/76 DE 1976/04/08 ART20.
Sumário: I - A remissão é o contrato pelo qual o credor declara desonerar o devedor do cumprimento da respectiva dívida. II - Na remissão é o próprio credor que, com aquiescência embora do devedor, renuncia ao poder de exigir a prestação devida, afastando definitivamente da sua esfera jurídica os instrumentos de tutela do seu interesse, que a Lei lhe conferiu. III - Se o autor assinou, contra sua vontade, um recibo onde além do mais consta "considera integralmente satisfeitos eventuais...
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