Acórdão nº 9610481 de Court of Appeal of Porto (Portugal), 04 de Dezembro de 1996
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 04 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. D 19490 DE 1931/03/21 ART1 ART12.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVII PAG9. AC RL DE 1994/04/21 IN CJ T2 ANOXIX PAG128. AC RP PROC9510560 DE 1995/11/08.
Sumário: I - Tendo o material sido adquirido pela firma comercial que o arguido representava e inicialmente sido aceites letras, posteriormente reformadas, e depois substituídas por cheque cujo pagamento foi recusado por falta de provisão, verifica-se prejuízo patrimonial para a firma fornecedora daquele material, por ter visto o valor do seu património diminuído com o não pagamento da quantia titulada pelo cheque. II - Nos contratos de compra e venda mercantil, a falta de extracto de factura não impede que se exija, judicialmente, o preço da venda, louvando-se o vendedor em outros meios de prova; apenas obsta a que se recorra directamente à acção executiva. III - O mesmo facto - a violação de um direito de crédito - pode...
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