Acórdão nº 074856 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1987
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 06 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART1691 N1 D ART1696 N1. CCOM888 ART10 ART15. DL 367/77 DE 1977/09/02. CPC67 ART712 N1 N2 ART722 ART729 ART1037 N1 ART1038 N2 C.
Jurisprudência Nacional: ASS STJ DE 1978/04/13 IN BMJ N276 PAG99.
Sumário : I - As letras ajuizadas tiveram como causa transacções comerciais, havidas entre o sacador da letra e o aceitante, o executado marido da embargante, estando assim afastada a moratoria a que se refere o artigo 1696, n. 1 do Codigo Civil, nos termos do artigo 10 do Codigo Comercial, com a redacção dada pelo Decreto- -Lei n. 367/77 de 2 de Setembro. II - E como foi pedida a citação da embargante para requerer a separação de bens, não lhe e possivel usar deste embargo de terceiros - artigo 1038 n. 2, alinea c) do Codigo de Processo Civil. III - E tambem se afasta a moratoria, pela via da presunção do artigo 15...
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