Acórdão nº 081185 de Supremo Tribunal de Justiça (Portugal), 14 de Maio de 1992
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 14 de Maio de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART71 E ART264 N3 ART672 ART676 N1 ART678 N1 ART722 N2 ART729 N2. CCIV66 ART219 ART781 ART805 N1 N2 A ART806 ART1691 N1 D. LULL ART33. CCOM888 ART15 NA REDACÇÃO DO DL 363/77 DE 1977/09/02.
Sumário : I - Tendo as letras inscritas as datas dos respectivos pagamentos, como quirografos da obrigação, valem como documento particular probatorio da obrigação contraida. II - Correspondendo as diversas letras as prestações da obrigação e tendo cada uma delas a data do respectivo vencimento, os juros de mora contam-se desde as datas respectivas indicadas como vencimento, nos termos do artigo 806 do Codigo Civil, com referencia ao artigo 33 da Lei Uniforme relativa as Letras e Livranças. III - No recurso de revista não pode conhecer-se a invocação da prescrição das letras porque não foi objecto do recurso de apelação, tratando-se portanto de materia nova (artigos 676 n. 1, 678 n. 1 e 71 alinea e) do Codigo de Processo Civil). IV - As dividas contraidas no exercicio do comercio presumem-se contraidas em proveito comum do casal (artigo 1691 n. 1 alinea d) do Codigo Civil) , recaindo sobre os reus o onus de elidir aquela presunção. V - Identificando a Autora os reus como casados um com o outro sem alegar expressamente o regime de casamento, deve...
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