Acórdão nº 082701 de Supremo Tribunal de Justiça (Portugal), 27 de Outubro de 1992
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 27 de Outubro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL.
Legislação Nacional: LULL ART5 ART17 ART34 ART70 PAR2 ART76 PAR2 ART77. CPC67 ART50 N2. CCIV66 ART363 N2.
Jurisprudência Nacional: AC STJ DE 1981/05/12 IN BMJ N307 PAG205. AC STJ DE 1982/07/01 IN BMJ N319 PAG250. AC STJ DE 1989/02/23 IN BMJ N384 PAG569.
Sumário : I - A livrança sem indicação da época de pagamento considera-se pagável à vista (artigo 76 parágrafo 2 da Lei Uniforme relativa às Letras e Livranças) e, em princípio, um tal título de crédito deve ser apresentado a pagamento dentro do prazo de um ano a contar da sua data, muito embora o sacador possa reduzir este prazo ou estipular um outro mais longo (artigo 34 parágrafo 2, parágrafo 3 ex vi do dito artigo 77). II - De harmonia com o artigo 17 da Lei Uniforme relativa às Letras e Livranças, quod non est in cambio non est in mundo, mas esta máxima resultante dos princípios da incorporação, literalidade e abstracção, só funciona em toda a linha no domínio das...
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