Acórdão nº 0012892 de Court of Appeal of Lisbon (Portugal), 18 de Abril de 1996
| Magistrado Responsável | EDUARDO BAPTISTA |
| Data da Resolução | 18 de Abril de 1996 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR COM - TIT CR…DITO.
LegislaÁ„o Nacional: CPC67 ART45 N1 ART46 C ART193 N2 A ART474 N1 A ART784 N1. LUCH ART28 ART29 ART40.
Sum·rio: I - A alÌnea c) do artigo 46 do CPC n„o obsta a que o cheque tenha de satisfazer os requisitos da lei comercial para poder funcionar como tÌtulo executivo. II - Os direitos de acÁ„o cambi·ria emergentes do cheque est„o condicionados ‡ verificaÁ„o de trÍs requisitos: a) apresentaÁ„o tempestiva a pagamento; b) falta de pagamento; c) verificaÁ„o da recusa de pagamento por uma declaraÁ„o do sacado, datada e escrita sobre o cheque, com indicaÁ„o do dia da sua apresentaÁ„o. III - O cheque pag·vel no PaÌs onde foi emitido deve ser apresentado a pagamento no prazo de oito dias, ainda que passado a favor de residente no estrangeiro. IV - N„o tem forÁa executiva o cheque, emitido...
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