Acórdão nº 066813 de Supremo Tribunal de Justiça (Portugal), 20 de Dezembro de 1977
Magistrado Responsável | HERNANI LENCASTRE |
Data da Resolução | 20 de Dezembro de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CREDITO.
Legislação 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.
Referências Internacionais: CONV DE GENEBRA DE 1930/06/07.
Jurisprudência Nacional: AC STJ DE 1943/10/22 IN BOL OF ANOIII PAG409 IN ROA ANO1946 N1-2 PAG439.
Sumário : I - O cheque e sacado sobre um banqueiro que tenha fundos a disposição do sacador e em harmonia com uma convenção, 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, não sendo interveniente nessa convenção, não tem acção 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 convenção, o banco sacado...
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