Acórdão nº 9950874 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1999 (caso NULL)
Magistrado Responsável | CAIMOTO JACOME |
Data da Resolução | 11 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC EXEC. DIR COM - TIT CRÉDITO.
Legislação Nacional: CPC67 ART456 N2. LUCH ART13.
Jurisprudência Nacional: AC STJ DE 1991/04/24 IN AJ T2 ANO18 PAG28.
Sumário: I - Os factos referidos no artigo 456 n.2 do Código de Processo civil, cuja alteração consciente constitui litigância de má fé, são os factos que as partes alegam nos articulados para fundamentar o pedido e a oposição. II - Litiga de má fé o tomador (A) de um cheque incompleto no momento de ser passado e que ele depois completou apondo-lhe a data sem o acordo e contra a vontade de quem emitira o título (B) que se destinava, conforme o acordo entre A e B celebrado, a antecipar o pagamento da retribuição que seria paga por A a B e respeitava à cedência de um armazém e fogo...
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