Acórdão nº 082877 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1994 (caso None)
Magistrado Responsável | FARIA DE SOUSA |
Data da Resolução | 07 de Julho de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: S MACEDO MANUAL VOLII PÁG131.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART636 N1 ART736 ART737 N1 D. DL 512/76 DE 1976/07/03. DL 103/80 DE 1980/05/09. L 17/86 DE 1986/06/14 ART12 N1 B. CPC67 ART1218 N1 ART1235 N1 N2. DL 437/78 DE 1978/12/28 ART7.
Sumário : I - No processo de falência o concurso de credores, não prejudica as garantias reais e os privilégios, apenas impõem que sejam invocadas no processo de falência, sob a vigilância de credores. II - Assim, os créditos do Estado, emergentes de impostos directos ou indirectos, e os créditos da autarquia municipal, referentes a taxas em dívida, gozam do privilégio mobiliário geral, nos termos do artigo 736 do Código Civil - sobre todos e cada um dos bens movéis apreendidos; os créditos do Instituto do Emprego e Formação Profissional e do Centro Regional de Segurança Social gozam do privilégio mobiliário geral e de privilégio imobiliário, nos termos do artigo 7 do Decreto-Lei 437/78, de 28 de Dezembro, do Decreto-Lei 512/76, de 3 de Julho e Decreto-Lei 103/80, de 9 de Maio, devendo ser pagos pelo produto da venda dos bens móveis e imóveis apreendidos de harmonia com os privilégios de que fruem. III - Os créditos emergentes do contrato individual de trabalho gozam do privilégio mobiliário geral - artigo 737, n. 1 do Código Civil...
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