Acórdão nº 7546/06.5YYPRT-A.L1-7 de Court of Appeal of Lisbon (Portugal), 03 de Novembro de 2009
Magistrado Responsável | ROSA RIBEIRO COELHO |
Data da Resolução | 03 de Novembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: I – Mesmo depois da normalização do modelo e características das letras e livranças, imposta pelo Dec. Lei nº 387-G/87, de 30 de Dezembro, e concretizada pela Portaria nº 142/88, de 4 de Março (e outras que se lhe seguiram), nada impede que seja usado o anterior impresso de letra, já que tais modelos não podem ser vistos como constituindo elementos essenciais daqueles títulos.
II – A inclusão da expressão “aliás, livrança” num impresso de letra, acompanhada da aposição de um “aval à firma subscritora”, conjugadas com um documento onde as partes verteram um acordo de preenchimento de título que denominaram de livrança, demonstram ter sido vontade real daquelas, relevante nos termos do art. 238º, nº 2 do C. Civil, a de ser emitida uma livrança, apesar de ter sido omitida a substituição da expressão “pagará(ão)” pelo usual dizer “pagarei(emos)”.
III – Mesmo que...
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