Acórdão nº 069682 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1982 (caso NULL)
Magistrado Responsável | AQUILINO RIBEIRO |
Data da Resolução | 09 de Fevereiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - TIT CRÉDITO. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART326 ART327 ART342 N2 ART376 ART1691 N1 D. CCOM888 ART3 ART40 ART42 ART45 ART139 N1 ART230. LUCH ART1 N5 ART13 ART52. CPC67 ART643 N3 ART653 N2 ART655 N2 ART712 A B C.
Sumário : I - Pelo facto do tribunal colectivo, na motivação das respostas, apontar documentos, a matéria desses quesitos não se encontra sujeita pela sua natureza à prova documental só por esse facto. II - Desde que a questão não seja levantada nas alegações, o tribunal de recurso não tem que tomar conhecimento dela. III - Embora o cheque tenha sido entregue em certa data, não constando esta nele, sendo-lhe aposta uma data posterior, ao ser apresentado a pagamento, ele só será nulo se se provar que o preenchimento da data o foi abusivamente pelo tomador. IV - Tendo o cheque estado incorporado num processo ordinário, em relação ao qual o Autor pedia a importância de 306330 escudos, sendo 300000 escudos representados por esse título, a Relação em face das respectivas datas excluíu que a acção cambiária estivesse prescrita - artigo 52 da L.U.C., dada a interrupção da prescrição - artigos 326 e 327 do Código Civil - não se tendo ultrapassado o prazo de seis meses. V - Não se considera extinto o direito...
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