Acórdão nº 074786 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1987
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 04 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: LULL ART17 ART21 ART30 - ART32 ART47 ART48 ART77 ART78. LSQ ART29 PAR1 PAR2. CSC86. DL 262/86 DE 1986/09/02. CPC67 ART193 N2 A ART467 N1 C ART474 N1 A ART498 N3.
Sumário : I - O portador de livranças, no dominio das relações imediatas, pode acciona-las, com fundamento na obrigação cambiaria ou na obrigação causal, competindo-lhe o direito de formular o pedido e a causa de pedir como entender. II - O avalista do subscritor de uma livrança e responsavel da mesma maneira que este - artigos 30, a 32, 77 da Lei Uniforme sobre Letras e Livranças - e nas relações imediatas podem ser invocados pelos Reus factos ou meios de defesa admissiveis no regime comum das obrigações. III - Ao aval prestado por uma sociedade por quotas em livranças com vencimento ocorrido em 1982 e aplicavel o regime juridico previsto na respectiva Lei de Sociedade por Quotas de 1901 e não o novo Codigo das Sociedades...
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