Acórdão nº 96A534 de Supremo Tribunal Administrativo (Portugal), 25 de Fevereiro de 1997 (caso None)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 25 de Fevereiro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P JORGE IN DIR DAS OBG 1975/76 PÁG458. S MACEDO IN MANUAL DE DIR DAS FALÊNCIAS 1968 II PÁG143.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART334 ART342 N1 N2 ART799 N1 ART847 ART848 N1 ART853. ART854. CPCOM05 ART200. CPEREF93 ART153. DL 132/93 DE 1993/04/23 ART8. CPC67 ART1198 N1 ART1218 N3. CPC61 ART1220.
Sumário : I - A compensação só se torna efectiva mediante declaração de uma das partes à outra, mas tem efeito retroactivo, de modo que os créditos se consideram extintos desde o nascimento da situação de compensação. II - O devedor, contudo, tem de provar que o crédito era seu e a compensação já se tinha operado à data da sentença de falência, ficando excluída compensação posterior a esta data. III...
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