Acórdão nº 074355 de Supremo Tribunal de Justiça (Portugal), 20 de Outubro de 1987
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 20 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P COELHO LIÇ VII FASCV 2PARTE PAG19. S PATRICIO BMJ N332 PAG81. B MELO CJ ANOIX T4 PAG13 PAG27. F CORREIA CJ ANOXI T2 PAG7.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: LULL ART32 1 ART43 ART47 ART48 N2 ART49 ART53 ART77 ART78. CCIV66 ART559 N1. DL 262/83 DE 1983/06/16 ART4. DL 200-C/80 DE 1980/06/24. CCIV867 ART720 PARUNICO. CCOM888 ART102 PAR3. CPC67 ART27 ART473. CONST82 ART207 ART208. RIS26 TABELA ART120/A. DL 219-B/83 DE 1983/02/28. DL 124/77 DE 1977/04/01 ART14 N1. PORT 581/83 DE 1983/05/16. PORT 807-U1/83 DE 1983/02/30. PORT 275/77 DE 1977/05/20.
Referências Internacionais: CONV GENEBRA DE 1930/06/07.
Jurisprudência Nacional: AC STJ DE 1959/04/05 IN BMJ N18 PAG481. AC STJ DE 1960/01/12 IN BMJ N93 PAG346. AC STJ DE 1963/10/25 IN BMJ N130 PAG509. AC STJ DE 1964/10/08 IN BMJ N140 PAG477. AC RL DE 1977/10/19 IN CJ ANOII PAG1019. AC RP DE 1978/02/14 IN CJ ANOIII PAG181. AC STJ PROC74297 DE 1987/01/08. AC STJ DE 1986/03/18 IN BMJ N355 PAG175. AC STJ DE 1986/05/27 IN BMJ N357 PAG182.
Sumário : I - Desde que a acção e apenas cautelar contra o subscritor e avalistas de livranças e não fundada em contrato de desconto, o Autor podia accionar todos eles, como fez, visto serem solidariamente responsaveis, e como o permitem os artigos 77, 43 e 47, da Lei Uniforme relativa as Letras e Livranças, não sendo ilegal o litisconsorcio voluntario - artigo 27, do Codigo de Processo Civil. II - Dado os avalistas serem responsaveis da mesma maneira que a pessoa avalisada e não sendo necessario o protesto em relação ao aceitante de uma letra ou...
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