Acórdão nº 0046391 de Court of Appeal of Lisbon (Portugal), 12 de Novembro de 1991
Magistrado Responsável | AMARAL BARATA |
Data da Resolução | 12 de Novembro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A SENTENÇA.
Indicações Eventuais: ANTUNES VARELA DAS OBRIGAÇÕES EM GERAL ED 1973 II PAG92 - PAG99.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART798 ART799 ART800.
Sumário: I - Não sendo a instituição bancária representante do arredentário no cumprimento da obrigação de pagar a renda, segue-se que através do erro material praticado naquela quanto ao devido tratamento da entrega de valor que o arrendatário lhe fizera para inserção na conta á ordem do cheque utilizado não pode ser acto/resultado imputável ao arrendatário. II - Por outro lado, se o emitente de um cheque sabe que tem provisão na conta a que o cheque se pode referir, não lhe é exigível que, antes de emitir o cheque ou depois de o emitir...
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