Acórdão nº 98A576 de Supremo Tribunal de Justiça (Portugal), 23 de Setembro de 1998
Magistrado Responsável | FERREIRA RAMOS |
Data da Resolução | 23 de Setembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC95 ART713 N5 N6 ART726. CPC67 ART516. DL 329-A/95 DE 1995/12/12 ART25. LULL ART10 ART77. CCIV66 ART342 ART378 ART628. DL 446/85 DE 1985/10/25 ART6 ART8 B.
Jurisprudência Nacional: AC STJ DE 1995/02/01 IN CJSTJ ANO1995 TI PAG264. AC STJ DE 1991/12/05 IN BMJ N412 PAG452. AC STJ PROC80987 DE 1993/02/04. AC STJ DE 1997/10/14 IN CJSTJ ANO1997 TIII PAG68. AC STJ DE 1975/05/16 IN BMJ N247 PAG107. AC STJ PROC687/96 DE 1997/01/30. AC STJ PROC151/97 DE 1997/10/21. AC STJ PROC409/97 DE 1997/12/10.
Sumário : I - A admissibilidade da livrança em branco resulta claramente do artigo 10 da LULL para que remete o artigo 77 do mesmo diploma, podendo, ao menos no domínio das relações imediatas, a excepção do preenchimento abusivo (com violação da autorização que lhe fixa os limites ser oposta pelo subscritor demandado. II - A prova do contrato de preenchimento é ónus, do autor, a...
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