Acórdão nº 088285 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1996 (caso NULL)
| Magistrado Responsável | HERCULANO LIMA |
| Data da Resolução | 16 de Abril de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: DL 132/93 DE 1993/04/23 ART124 N2 ART129 N2. CPC67 ART667 ART669 ART686 ART742 N2 N3.
Jurisprudência Nacional: AC STJ PROC82022 DE 1992/04/29.
Sumário : I - No processo especial de recuperação de empresas e de falência, como o recurso do despacho que rejeitar os embargos à sentença de declaração de falência sobe imediatamente e em separado, compete ao recorrente instruir os respectivos autos com os elementos ou as peças do processo principal que possibilitem ao tribunal superior apreciar as questões suscitadas. II - Este Supremo Tribunal deve limitar-se a reapreciar a questão da tempestividade da dedução dos embargos. III - Como flui inequivocamente do disposto no artigo 129, n. 2 do Decreto-Lei 132/93, de 23 de Abril, os embargos devem ser deduzidos dentro...
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