Acórdão nº 087945 de Supremo Tribunal de Justiça (Portugal), 12 de Março de 1996
Magistrado Responsável | SOUSA INES |
Data da Resolução | 12 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR ECON - DIR SEG.
Legislação Nacional: DL 289/88 DE 1988/08/24 ART1 ART2 N1 N2 ART3 ART10 N1 A. DL 183/77 DE 1977/05/24 ART1. CPC67 ART731 N2.
Jurisprudência Nacional: AC STJ DE 1984/05/25 IN RLJ ANO122 PAG89. AC STJ DE 1994/02/22 IN CJSTJ 1994 TI PAG124. AC STJ PROC85550 DE 1994/05/10. AC STJ DE 1995/03/21 IN CJSTJ 1995 TI PAG125.
Sumário : I - O seguro-caução, criado pelo Decreto-Lei 289/88, de 24 de Agosto, é um seguro por conta de outrem, inserindo-se, assim, no esquema formal que é o contrato a favor de terceiros e o seu quadro legal é o estabelecido pelo Decreto-Lei 183/77, de 4 de Maio, que regula o seguro de riscos de crédito. II - O seguro-caução cobre, directa ou indirectamente, o risco do incumprimento de obrigação que, por lei ou convenção, sejam susceptíveis de caução, fiança ou aval - artigo 6, n. 1 do citado Decreto-Lei 183/77. III - Neste seguro temos o segurador, o tomador do seguro e o segurado, sendo o tomador do seguro o devedor ou garante da obrigação e o segurado é o credor da obrigação a garantir. IV - O segurador como garante obriga-se como principal pagador e com renúncia ao benefício da execução, a pagar à Alfândega, a segurada, como credora, as...
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