Acórdão nº 0088472 de Supremo Tribunal Administrativo (Portugal), 30 de Junho de 1994 (caso None)
| Magistrado Responsável | LOPES PINTO |
| Data da Resolução | 30 de Junho de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART217 ART219 ART224 ART312 ART317 B ART848 N1 ART850 ART1041 N1 ART1048. CPC67 ART274 N2 B.
Sumário: I - A declaração de compensação é essencial à extinção recíproca dos créditos. II - É uma declaração receptícia para cuja validade a Lei não exige forma especial. III - A eficácia da compensação não depende da aceitação da declaração nem a eficácia da declaração de compensação depende da "realidade" do contra crédito. IV - A negação da dívida ou a alegação do seu não pagamento opõem-se à invocação da excepção da prescrição presuntiva. V - A ausência de reclamação de um crédito no processo de liquidação de empresa pública não provoca a sua caducidade nem significa renúncia à sua...
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