Acórdão nº 075758 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1988
Magistrado Responsável | FREDERICO BAPTISTA |
Data da Resolução | 09 de Março de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - TIT CREDITO / SOC COMERCIAIS.
Legislação Nacional: LULL ART32 N1 ART75 ART76 ART77 ART78. LSQ ART3 ART30.
Jurisprudência Nacional: ASS STJ DE 1985/03/13.
Sumário : I - A literalidade da obrigação cambiaria significa que a existencia, validade e persistencia da obrigação não podem ser comprovadas por meios exteriores, não reconheciveis pelo simples exame do titulo - ou seja, que o direito tem o conteudo revelado pela obrigação, cartular e objectiva. II - Consequentemente, so existe e tem valor o que consta do proprio titulo, não podendo ser opostas ao portador de boa fe circunstancias extintivas ou modificativas do direito, a não ser que se possam conhecer do exame do proprio titulo. III - A sociedade por quotas, sem firma mas com denominação particular, so se obriga, nos termos do artigo 30 da Lei Uniforme sobre Letras e Livranças, se os actos forem assinados, em seu nome, pela maioria dos gerentes, salva...
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