Acórdão nº 086946 de Supremo Tribunal de Justiça (Portugal), 28 de Setembro de 1995
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 28 de Setembro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO. DIR PROC CIV.
Legislação Nacional: CCIV66 ART323 N1 N2 ART634 ART2024 ART2025 ART2032 ART2073. CPC67 ART26 N3 ART30. LULL ART30 ART70 ART77.
Jurisprudência Nacional: AC STJ DE 1990/05/03 IN BMJ N397 PAG414.
Sumário : I - A obrigação cambiária do avalista, lado passivo da relação jurídica cambiária, que não se extingue com a morte do obrigado, é transmissível por via sucessória, face ao disposto nos artigos 2024, 2025 e 2032 do C.CIV. II - Sendo os recorrentes habilitados do falecido Réu avalista da sociedade subscritora das livranças, por isso sujeitos do lado passivo da relação cambiária que constitui a causa de pedir, eles são também sujeitos da relação material controvertida na acção, razão por que é manifesta a sua legitimidade como réus, atento o disposto no artigo 26 n. 3 do C.P.C. III - Se o Autor formula um pedido único no que respeita ao...
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