Acórdão nº 9510952 de Court of Appeal of Porto (Portugal), 01 de Outubro de 1997
| Magistrado Responsável | MARQUES SALGUEIRO |
| Data da Resolução | 01 de Outubro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: CITA ANTUNES VARELA IN OBRIGAÇÕES T2 PAG190 E VAZ SERRA IN RLJ ANO108 PAG27.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A. CCIV66 ART857 ART859.
Jurisprudência Nacional: AC STJ DE 1984/01/12 IN BMJ N333 PAG476.
Sumário: I - A coexistências de duas vias distintas de pagamento das mesmas mercadorias - Cheques e Letras - mesmo que a matéria de facto seja omissa quanto ao meio que as partes elegeram como de pagamento, leva a concluir que tal estava reservado às letras, servindo os cheques de garantia. II - Não tendo sido pagas as letras e devolvidos os cheques por falta de provisão, emitidas novas letras e dois cheques em substituição das antigas, operou-se a novação...
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