Acórdão nº 0039481 de Supremo Tribunal Administrativo (Portugal), 20 de Abril de 1993
Magistrado Responsável | SOUSA INES |
Data da Resolução | 20 de Abril de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: RT ANO95 PAG424 RLJ ANO113 PAG122 VAZ SERRA IN RLJ ANO113 PAG124 AFONSO QUEIRO IN RLJ ANO113 PAG197.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART627 ART628 N1. LULL ART30. CONST89 ART164 I. DL N32765 DE 1943/04/29. L 1/73 1973/01/02 ART217 N1.
Jurisprudência Nacional: AC STJ DE 1977/05/10 IN BMJ N267 PAG149. AC STJ DE 1979/10/30 IN BMJ N290 PAG434. AC STJ DE 1979/11/06 IN BMJ N291 PAG504.
Sumário: I - A fiança (artigos 627 e seguintes do Código Civil), o aval (artigos 30 e seguintes da LULL) e o aval do Estado (Lei número 1/73, de 2 de Janeiro), são distintas garantias especiais das obrigações. II - O aval do Estado é uma operação de crédito, das mencionadas no artigo 164 i) da constituição, mediante a qual o estado, por acto unilateral, se coloca na posição de devedor acessório de outra...
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