Acórdão nº 068082 de Supremo Tribunal Administrativo (Portugal), 06 de Novembro de 1979 (caso None)
Magistrado Responsável | OLIVEIRA CARVALHO |
Data da Resolução | 06 de Novembro de 1979 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - TEORIA GERAL. DIR PROC CIV - PROC EXEC.
Legislação Nacional: LULL ART30 ART32 ART70. CCIV66 ART303 ART304. CPC67 ART864.
Jurisprudência Nacional: AC STJ DE 1977/05/17 IN RT ANO95 PAG427. AC STJ DE 1969/03/04 IN BMJ N185 PAG287. ASS STJ DE 1962/06/12 IN DG IS 1962/07/12 BMJ N118 PAG313 DIR ANO95 PAG42.
Sumário : I - O dador do aval, por força do artigo 32 da Lei Uniforme, é responsável da mesma maneira que a pessoa por ele avalizada. II - O aval, sendo uma garantia, não se enquadra rigorosamente no conceito jurídico da fiança: - é uma garantia cambiária que se reporta, não à obrigação subjectiva radicada na pessoa do devedor, mas à própria dívida cambiária a pagar. III - Improcedendo a acção cambiária, inicialmente instaurada, quanto ao sacador, perde o aval a sua eficácia como tal. IV - Extinta a obrigação cambiária, o aval não pode transformar-se automaticamente em fiança da relação subjacente. V - O âmbito do recurso é limitado pelo conteúdo do acto recorrido. VI - A regra de que os recursos não visam criar decisões sobre matéria nova não...
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