Acórdão nº 079188 de Supremo Tribunal de Justiça (Portugal), 29 de Novembro de 1990 (caso NULL)
| Magistrado Responsável | MOREIRA MATEUS |
| Data da Resolução | 29 de Novembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART840 ART1041 N1 N3 ART1048. CPC67 ART722 N2.
Sumário : I - Conforme dispõe o artigo 840 do Codigo Civil, a entrega de um cheque ao tomador envolve uma dação "pro solvendo", pelo que a extinção da obrigação so se opera na medida em que o seu montante for satisfeito pela entidade sacada. II - Tal principio e valido não obstante a passagem de recibo contra a entrega do cheque por estar pressuposto que a quitação esta condicionada ao recebimento do cheque. III - Tendo o reu oferecido ao autor o pagamento, em singelo da renda, materia que foi fixada pela Relação, podia o autor recusar o pagamento que lhe era...
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