Acórdão nº 070343 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1983
| Magistrado Responsável | VICTOR COELHO |
| Data da Resolução | 02 de Março de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CREDITO / TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CCIV66 ART236 ART238 ART376 ART393 ART394 ART627 ART628 N1. LULL ART30 ART31 ART32 ART70. DL 32765 DE 1943/04/29 ARTUNICO. CPC67 ART683.
Sumário : I - E de direito a questão de determinar o sentido juridicamente relevante da vontade negocial. II - A clareza e o alcance do vocabulo utilizado - avalista - - não permitem, dado o disposto nos artigos 236, 238, 376, 393, 394 e 628 do Codigo Civil que onde se escreveu "avalista" se leia "fiador" e que, em face de tal, se deva considerar expressamente declarada a vontade de se prestar garantia não a um obrigado cambiario mas sim a um mutuario.
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