Court confirms appeal dismissing protest requirement for avalista when original letter of exchange lacks payment protest.

The Tribunal da Relação do Porto confirmed the lower court's decision dismissing the appellant's protest against the avalista. The appellant argued that a formal protest was necessary for the avalista to be liable, while the opposing party contended that the original letter of exchange's lack of payment protest should extend to the avalistee under the Uniform Law. The court ruled that despite the 1995/96 procedural reform, the Uniform Law regime applies to determine if a letter of exchange constitutes an enforceable title, thereby dispensing with the protest requirement for the avalista when the original instrument lacks it.