Acórdão nº 0015672 de Court of Appeal of Lisbon (Portugal), 02 de Outubro de 1997
| Magistrado Responsável | FREITAS DE CARVALHO |
| Data da Resolução | 02 de Outubro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: NOTAS PARA O ESTUDO DO CONTRATO DE GARANTIA BANCÁRIA IN REV. DIREITO E ECONOMIA ANOVIII N2 COIMBRA 1982 PAG247.
Área Temática: DIR CIV - TEORIA GERAL. DIR ECON - DIR BANC.
Legislação Nacional: CCIV66 ART405.
Jurisprudência Nacional: AC STJ DE 1990/07/11 IN BMJ N401 PAG478. AC STJ DE 1993/09/21 IN CJSTJ ANO1993 T3 PAG24. AC STJ DE 1995/03/23 IN CJSTJ ANO1995 T1 PAG137.
Sumário: I - A garantia bancária autónoma confere exigibilidade da prestação ao garante, independentemente das vicissitudes da relação principal (relação causal) entre o credor beneficiário da garantia e o devedor. II - Pode a garantia bancária conter uma cláusula de pagamento "à primeira solicitação", também chamada de garantia automática, ficando, então, o garante obrigado a satisfazê-la imediatamente. III - A circunstância de o documento onde está exarada a garantia bancária se mostrar unicamente assinado pelos representantes do garante (banco), não obsta a que...
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