Acórdão nº 97A831 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1998
| Magistrado Responsável | CESAR MARQUES |
| Data da Resolução | 27 de Janeiro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART330 A ART641 N1. CCIV66 ART627.
Jurisprudência Nacional: AC STJ DE 1993/01/27 IN BMJ N423 PAG483.
Sumário : I - Garantia bancária autónoma é aquela pela qual um Banco se obriga a pagar ao beneficiário certa quantia em dinheiro, no caso de alegada inexecução ou má execução de determinado contrato-base, sem poder invocar em seu benefício quaisquer meios de defesa relacionados com esse mesmo contrato-base. Como garantia autónoma não tem natureza acessória relativamente à obrigação garantida. II - Fiança é o contrato pelo qual o fiador garante a satisfação de um direito de crédito, ficando pessoalmente obrigado perante o credor, sendo...
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