Acórdão nº 086170 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1995
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 28 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO106 PÁG363. P LIMA IN DAS OBRIGAÇÕES EM GERAL VOLII PÁG373.
Área Temática: DIR CIV - DIR OBG / TEORIA GERAL. DIR COM.
Legislação Nacional: CCOM888 ART3 ART63 N1. CCIV66 ART217 N1 ART219 ART595 N1 B ART627 N1 ART628 N1. DL 19400 DE 1931/03/21 ART1.
Sumário : I - A fiança traduz-se no facto de um terceiro assegurar com o seu património o cumprimento de obrigação alheia, ficando pessoalmente obrigado perante o respectivo credor. II - A vontade de prestar a fiança deve ser expressamente declarada pela forma exigida para a obrigação principal, o que exige uma declaração expressa do fiador - artigo 217, n. 1 - escrita ou verbal. III - Existindo apenas uma promessa de prestação de aval a letras que viessem a ser aceites por uma sociedade, letras essas que se ignora terem ou não sido emitidas, impõe-se a conclusão de que o promitente não se obrigou...
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