Acórdão nº 96B080 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1996 (caso NULL)
Magistrado Responsável | SAMPAIO DA NOVOA |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1197 N1 ART1210 N1 ART1223 N1 ART1245 N1. DL 132/93 DE 1993/04/23 ART8 N3 ART9.
Sumário : I - É ao síndico que cabe decidir livremente se considera conveniente cumprir ou não cumprir os contratos bilaterais celebrados pelo falido. II - É indispensável que a decisão de não cumprir os contratos bilaterais celebrados pelo falido seja tomada e comunicada ao outro outorgante a tempo de este poder deduzir, dentro do prazo normal das reclamações dos créditos, o seu eventual crédito resultante desse não cumprimento. Se tal prazo não for respeitado, fica automaticamente precludida a possibilidade de tomar tal decisão. III - É aconselhável que a decisão de cumprir os contratos bilaterais celebrados pelo falido seja tomada com antecipação suficiente, quer para poder dispensar o administrador de avisar os promitentes compradores do prazo para as reclamações de créditos nos termos do artigo 1223 n. 1 do Código de Processo Civil de 1967, quer para dispensar os promitentes...
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