Acórdão nº 072918 de Supremo Tribunal de Justiça (Portugal), 23 de Janeiro de 1986
Data | 23 Janeiro 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: LULL ART17 ART30 ART32 N1 N3 ART39 N1 ART47 ART77. CCOM888 ART336 PARUNICO. CCIV66 ART514 N1 ART524 ART637 N1 ART651.
Sumário : I - Aval e fiança apresentam-se como figuras distintas, com natureza, essencia e regimes diversos, não podendo o aval considerar-se como uma fiança, embora com regime especifico, aplicando-se-lhe os principios fundamentais reguladores desta que as disposições proprias da lei cambiaria não afastam de modo explicito. II - Mas sendo o aval uma garantia que se reporta a divida cambiaria, não pretende o avalista vincular-se ao pagamento como obrigado principal, encontrando-se aquele dependente da sorte da obrigação avalizada. III - Assim, nada obsta a que o avalista, valendo-se das regras proprias...
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