Acórdão nº 079756 de Supremo Tribunal Administrativo (Portugal), 25 de Outubro de 1990 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 25 de Outubro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART21 N1 ART740 N1 N2 D E ART742 N3 ART744 N2. DL 177/86 DE 1986/07/02 ART8 ART9 N4 A ART12 ART13 ART14 ART15 N2. CSC86 ART394 N1 N3 ART405 N2 ART1143 N1 ART1210 N1.
Sumário : I - No recurso de agravo que suba em separado, o Tribunal Superior, quando verificar que falta algum dos elementos constantes do n. 3 do artigo 742 do Codigo de Processo Civil, podera requisita-los, mas a requisição incide apenas sobre os elementos taxativamente indicados neste numero e artigo. II - Dai que a deficiencia de instrução do recurso quanto a junção de documentos não obrigatorios seja sempre da responsabilidade do recorrente, não tendo que ser oficiosamente suprida pelo tribunal superior. III - Para intervirem na assembleia de credores, estes tem de reclamar no prazo constante do artigo 12 do Decreto-Lei n. 177/86, de 2 de Julho, podendo e devendo o julgador verificar da tempestividade das reclamações, ainda que o faça oficiosamente. IV - A representação de uma sociedade anonima, compete a sua administração (artigo 21 n. 1 do Codigo de Processo Civil e artigo 405 n. 2 do Codigo das Sociedades...
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