Acórdão nº 080692 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1991
| Magistrado Responsável | SAMPAIO DA SILVA |
| Data da Resolução | 31 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 CREDITO. DIR PROC CIV - PROC EXEC. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART510 N1 ART664 ART816 ART1476. CCIV66 ART217 N1 ART334 ART519 N1 ART858 ART859. LULL ART47 N1 N2 N4.
Jurisprudência Nacional: AC STJ DE 1977/01/13 IN RLJ N110 PAG373.
Sumário : I - Para que exista novação subjectiva e necessaria uma manifestação directa de vontade do novo devedor no sentido de assumir uma nova obrigação em substituição do antigo devedor e uma manifestação de vontade do credor da respectiva obrigação. II - Não constitui novação da obrigação cambiaria do aceitante de letra a celebração de um contrato entre a sacadora e o portador das letras exequendas pelo qual...
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