Acórdão nº 9910062 de Court of Appeal of Porto (Portugal), 03 de Março de 1999 (caso NULL)
| Magistrado Responsável | MILHEIRO DE OLIVEIRA |
| Data da Resolução | 03 de Março de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 NA REDACÇÃO DO DL 316/97 DE 1997/11/19. LUCH ART40. CCIV66 ART258 ART483. CPP87 ART377 N1. CSC86 ART187 N3.
Jurisprudência Nacional: AC RP DE 1994/12/21 IN BMJ N442 PAG259.
Sumário: I - Absolvido o arguido criminalmente da prática de um crime de emissão de cheque sem provisão ( com base na falta do elemento subjectivo e também porque se tratava de cheque pré-datado, cuja conduta foi entretanto descriminalizada - Decreto-Lei n.316/97, de 19 de Novembro ), não pode também o mesmo ser responsabilizado civilmente, porque o cheque foi sacado de uma conta bancária de que é exclusivamente titular uma sociedade comercial, destinava-se ao pagamento de mercadorias a esta fornecidas, e o arguido, ao preencher e assinar tal cheque, actuou na qualidade de representante legal dessa sociedade, dentro dos seus poderes como administrador. O devedor é a sociedade e não o arguido. II -...
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