Acórdão nº 9540787 de Court of Appeal of Porto (Portugal), 26 de Junho de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 26 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR CIV - DIR RESP CIV.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 N1 N2 C. DL 454/91 DE 1991/12/28 ART11 N1 A. CCIV66 ART217 N1 ART857 ART859.
Jurisprudência Nacional: AC STJ DE 1977/01/13 IN BMJ N263 PAG265.
Sumário: I - A aprovação de uma concordata, em processo de recuperação de empresa, nos termos do qual os credores aceitam receber apenas 40% dos créditos, pagáveis em prazos diferentes dos consignados nos seus direitos, não consubstancia uma novação de direitos ou pelo menos uma modificação objectiva dos mesmos, pois isso seria presumir a vontade de novar ou dar relevância aos " facta concludentia " em que as declarações tácitas se apoiam, ao arrepio do que se encontra estipulado na lei ( artigo 859 do Código Civil ). II - Por isso, não é legítimo concluir que o demandante civil ( portador de cheque cujo pagamento foi recusado por falta de provisão ), ao...
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