Acórdão nº 064888 de Supremo Tribunal de Justiça (Portugal), 04 de Janeiro de 1974
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 04 de Janeiro de 1974 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV867 ART851. CCIV66 ART866 N2.
Sumário : I - Tanto no artigo 851 do Codigo de Seabra, como actualmente no artigo 866-2 do Codigo Civil, verifica-se o principio que tem as suas raizes no Direito italiano, segundo o qual a desoneração de um co-fiador sem consentimento do outro desonera aquele que fica, em proporção da obrigação remitida. II - Explica-se este principio porque o credor so concede a exoneração dum fiador quando conta com a responsabilidade dos outros, e estes ao consentirem na exoneração, assumem a responsabilidade pela totalidade da divida. III - Verificando-se que um co-fiador deu o seu consentimento em data posterior a da exoneração, este consentimento, muito embora possa dar lugar a uma nova obrigação para o fiador que o da, não pode dar valor a fiança primitiva na parte ja extinta. IV - So o consentimento previo ou contemporaneo pode levar o...
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