Acórdão nº 9510152 de Court of Appeal of Porto (Portugal), 03 de Maio de 1995
| Magistrado Responsável | MOURA PEREIRA |
| Data da Resolução | 03 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV66 ART249 ART279 C. LUCH ART1 N5 ART2. CPP87 ART120 N2 D.
Jurisprudência Nacional: AC RC DE 1985/12/11 IN CJ T5 ANOX PAG66. AC RC DE 1994/05/04 IN CJ T3 ANOXIII PAG44.
Sumário: I - O princípio da literalidade inerente aos títulos de crédito ( cheque, no caso ) não obsta à aplicação da disciplina do artigo 249 do Código Civil. II - No caso de o cheque ter inscrita uma data impossível ( por exemplo 31 de Novembro de 1994) é possível rectificar o erro e indagar a data real através dos elementos probatórios produzidos no inquérito e/ou na instrução. O que não pode é rectificar-se a data impossível através da aplicação da norma da alínea c) do artigo 279 do Código Civil que estabelece regras sobre a contagem de prazos e não é este o problema em causa. III - Se o processo não fornecer aqueles elementos probatórios ( porque, por exemplo...
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