Acórdão nº 067390 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1978
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 19 de Dezembro de 1978 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RLJ ANO103 PAG426.
Área Temática: DIR COM - TIT CREDITO. DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C ART1160 N2. LULL ART32 ART47. CCIV66 ART522.
Sumário : I - A concordata celebrada com o aceitante não extingue a obrigação do avalista. II - A absolvição do aceitante por motivo de homologação judicial de concordata e inoponivel pelo avalista ao credor quer por virtude do n. 2 do artigo 1160 do Codigo de Processo Civil quer do artigo 522 do Codigo Civil quer ainda dos artigos 32 e 47 da Lei Uniforme. III - O disposto no artigo 668, n. 1, alinea c), do Codigo de Processo Civil não contempla a incompatibilidade entre os...
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