Acórdão nº 9651424 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1997
| Magistrado Responsável | COUTO PEREIRA |
| Data da Resolução | 20 de Outubro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: L 17/86 DE 1986/06/14 ART1 N1 N2 ART3 N1 N2 N3 ART12 N1. CCIV66 ART737 N1 D.
Sumário: I - A simples mora no pagamento de retribuições devidas a trabalhadores por conta de outrem não confere por si, o privilégio creditório mobiliário previsto no artigo 12 da Lei n.17/86, de 14 de Junho sendo necessário os requisitos de: a) perduração por período superior a determinado mínimo legal; b) suspensão ou rescisão do contrato de trabalho por esse motivo; c) comprovação de ambos pela entidade patronal ou, subsidiariamente, pela Inspecção Geral do Trabalho por recusa daquela. II - Não se tendo feito prova nos autos daqueles requisitos, os créditos reclamados pelos trabalhadores...
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