Acórdão nº 9710965 de Supremo Tribunal Administrativo (Portugal), 08 de Julho de 1998 (caso None)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 08 de Julho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: DL 454/91 DE 1991/12/28 ART11 N1 A N3 NA REDACÇÃO DO DL 316/97 DE 1997/11/19.
Sumário: I - Emitidos vários cheques pelo promitente trespassário, um a título de sinal e os demais representando o remanescente das prestações, com pagamento parcelado, a devolução de tais cheques por falta de provisão não importa directamente qualquer prejuízo para o trespassante por não se ter concretizado o negócio prometido, o trespasse do estabelecimento, pois não se verificou a transferência dos direitos do trespassante para o trespassário. II - Se prejuízos houve, eles terão decorrido da frustração do negócio e não do não pagamento dos cheques, pois o que justificou a entrega dos cheques e o seu desconto foi o...
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