Acórdão nº 9510734 de Court of Appeal of Porto (Portugal), 08 de Novembro de 1995
| Data | 08 Novembro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REENVIO DO PROCESSO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. LUCH ART40 N2 N3.
Sumário: I - A rescisão da convenção, a que a prática bancária alia o denominado bloqueio da conta, só terá por efeito o não pagamento desde que o cheque não tenha provisão; II - A declaração de que o cheque não foi pago integralmente por falta de provisão ( artigo 40 da Lei Uniforme do Cheque ) pode não consistir numa transcrição ritualista da fórmula usada de existência de falta de provisão, mas numa outra declaração diferente, desde que a mesma tenha o mesmo significado da recusa de pagamento; III - O bloqueio da conta pressupõe, em princípio, uma situação prévia de comportamento censurável por parte do titular da conta que se consubstanciará na emissão de cheques sem...
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