Acórdão nº 066813 de Supremo Tribunal Administrativo (Portugal), 20 de Dezembro de 1977 (caso None)
| Magistrado Responsável | HERNANI LENCASTRE |
| Data da Resolução | 20 de Dezembro de 1977 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - TIT CREDITO.
LegislaÁ„o Nacional: DL 44701 DE 1962/11/17. CCIV66 ART11 ART473 ART483. LUCH ART3 ART4 ART32 ART40. D 13004 DE 1927/01/12 ART14. DL 182/74 DE 1974/05/02 ART1. CONV DE GENEBRA DE 1930/06/07.
ReferÍncias Internacionais: CONV DE GENEBRA DE 1930/06/07.
JurisprudÍncia Nacional: AC STJ DE 1943/10/22 IN BOL OF ANOIII PAG409 IN ROA ANO1946 N1-2 PAG439.
Sum·rio : I - O cheque e sacado sobre um banqueiro que tenha fundos a disposiÁ„o do sacador e em harmonia com uma convenÁ„o, expressa ou tacita, segundo a qual o sacador tem o direito de dispor desses fundos por essa forma (artigo 3 da Lei Uniforme). II - Mas o tomador do cheque, n„o sendo interveniente nessa convenÁ„o, n„o tem acÁ„o contra o banco sacado que recusa o pagamento, mas sim, e apenas, contra os endossantes, sacador e outros co-obrigados (artigo 40 da referida Lei Uniforme). III - Na verdade, por virtude da aludida convenÁ„o, o banco sacado...
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