Acórdão nº 080621 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1991
Magistrado Responsável | BEÇA PEREIRA |
Data da Resolução | 22 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO.
Legislação Nacional: LULL ART7 ART32 N1 N2 N3 ART44 N1 ART45 N1 N2 ART53 N1 ART78 N1. CONST76 ART206. L 38/87 DE 1987/12/23 ART3 N1. CCIV66 ART8 N2. CPC67 ART668 ART716.
Jurisprudência Nacional: AC STJ DE 1988/03/17 IN BMJ N375 PAG399. AC STJ PROC80430 DE 1991/06/05. AC RL DE 1981/06/09 IN BMJ N313 PAG348.
Sumário : I - O subscritor de uma livrança é responsável da mesma forma que o aceitante de uma letra. II - O avalista vincula-se nos mesmos termos que o aceitante, formula a mesma promessa que ele, assumindo acessoriamente a obrigação directa que ele assumiu. III - O avalista assume uma obrigação de garantia do avalizado, cuja inegável autonomia não pode fazer...
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