Acórdão nº 072912 de Supremo Tribunal de Justiça (Portugal), 03 de Julho de 1985
Magistrado Responsável | CAMPOS COSTA |
Data da Resolução | 03 de Julho de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: PINTO COELHO IN RLJ ANO94 PAG22. VAZ SERRA IN RLJ ANO108 PAG22. VAZ SERRA IN RLJ ANO108 PAG24. A VARELA IN DAS OBRIGAÇÕES EM GERAL.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CREDITO.
Legislação Nacional: DL 32765 DE 1943/04/29 ARTUNICO. CCIV66 ART840 ART859.
Jurisprudência Nacional: AC STJ DE 1960/03/22 IN BMJ N95 PAG290. AC STJ DE 1976/03/05 IN BMJ N255 PAG168.
Sumário : I - Apesar de a petição inicial aludir a uma livrança junta com o dito articulado, a demanda tem como "causa petendi" um contrato de mutuo quando a petição faz referencia expressa a tal contrato. II - A emissão de uma livrança não implica a extinção da relação causal quando não ha uma manifestação de vontade expressa de novar (artigo...
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