Acórdão nº 077497 de Supremo Tribunal de Justiça (Portugal), 07 de Novembro de 1990
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 07 de Novembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART41 ART42 ART558 ART559 ART627 ART631 ART634 ART637 ART642 N2 ART806.
Sumário : I - Uma garantia bancaria autonoma do tipo "Performance Bonds" e uma garantia exigida ao contraente para bom cumprimento da prestação. II - Esta garantia bancaria e causal, porque e vinculada a prestação da garantia, e e autonoma, porque e independente do contrato base. III - Tal garantia distingue-se da fiança porque esta e causal, mas não e autonoma mas sim acessoria, porque subordinada a validade da obrigação principal. IV - A uma tipica garantia bancaria autonoma, em que a obrigação resultante e uma obrigação pecuniaria, não são aplicaveis as normas dos artigos 627, 631, 634, 637 e 642 n. 2 do Codigo Civil, todas elas relativas a fiança. V - Por força do disposto nos artigos 41 e 42 do Codigo Civil, não tendo as partes estipulado expressamente outra lei, e a lei portuguesa a aplicavel a determinação de taxa supletiva dos juros legais, num contrato de garantia celebrado entre sociedades sediadas em territorio portugues, apesar de o montante da quantia ser fixado em moeda estrangeira (artigo 558, 559 e 806 do Codigo Civil) e de no...
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