Acórdão nº 075955 de Supremo Tribunal de Justiça (Portugal), 24 de Maio de 1988
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 24 de Maio de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA CCIV ANOTADO 3ED V1 PAG252. V SERRA PRESCRIÇÃO EXTINTIVA E CADUCIDADE BMJ N109 PAG192.
Área Temática: DIR COM - TIT CREDITO. DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: LULL ART32 ART70 ART77. CCIV867 ART552. CCIV66 ART298 N2 ART323. CPC39 ART253. CPC67 ART143 ART182 N1 ART214 ART478 N2.
Jurisprudência Nacional: ASS STJ DE 1962/06/12 IN BMJ N118 PAG313 DG IS 1962/07/12. AC STJ DE 1982/07/27 IN BMJ N313 PAG265. AC STJ DE 1979/04/24 IN BMJ N286 PAG252. AC STJ DE 1980/07/08 IN BMJ N229 PAG294. AC STJ DE 1981/12/10 IN BMJ N312 PAG281.
Sumário : I - O prazo fixado no artigo 70 da Lei Uniforme sobre Letras e Livranças e aplicavel as obrigações dos avalistas dos subscritores de livranças. II - Apos o Assento do Supremo Tribunal de Justiça de 12 de Junho de 1962, ficou bem claro que os prazos fixados no referido artigo 70 são de prescrição e, portanto, sujeitos a interrupção nos termos do artigo 552 do Codigo Civil de 1867, então vigente. III - Actualmente, atenta a natureza interpretativa conferida a norma do artigo 298, n. 2, do Codigo Civil de 1966, continua a entender-se que os prazos do citado artigo 70 são de prescrição, pelo que o assento pode considerar-se em vigor. IV - Considera-se interrompido o prazo...
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