Acórdão nº 075743 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1988 (caso None)
Magistrado Responsável | MARIO AFONSO |
Data da Resolução | 24 de Maio de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART675 ART735 N2 ART750 ART754 ART758 ART759. CCOM888 ART49 N8 ART57 ART485 ART578 N12 ART592. CPC67 ART722 N2 ART1205. CRCOM59 ART60 C ART69 N2. CONST82 ART13. DL 42518 DE 1959/05/21 ART18. DL 268/71 DE 1971/06/18 ART17 N1 ART25.
Sumário : I - Os creditos provenientes de contrato de construção de navio gozam de privilegio mobiliario especial, nos termos das disposições dos artigos 485 e 578, n. 12, do Codigo Comercial, e 735, n. 2, do Codigo Civil. II - O construtor do navio goza de direito de retenção pelo credito proveniente do contrato de construção, nos termos do artigo 754 do Codigo Civil. III - Em processo de falencia a preferencia resultante desse direito de retenção transfere-se para o produto da venda do navio, por força do disposto nos artigos 758 e 675 do Codigo Civil e 1205 do Codigo de Processo Civil. IV - O contrato de construção de navio esta sujeito a registo, nos termos do artigo 49, n. 8, do Codigo Comercial, pelo que os creditos respectivos so produzem efeitos relativamente a terceiros desde a data e na ordem por que o registo se ache feito, nos termos do artigo 57 do mesmo Codigo. V - O credito do mutuante de um emprestimo para construção de navio goza de privilegio mobiliario especial, nos termos dos artigos 485 e 578, n. 12, do Codigo Comercial. VI - As hipotecas estabelecidas por força do artigo 17, n. 1, do Decreto-Lei n. 268/71, de 18 de Junho, para garantia das operações activas do Fundo de Renovação e de Apetrechamento da Industria de Pesca, não gozam de preferencia absoluta sobre qualquer outro onus real, visto se encontrar revogado o artigo 18 do Decreto-Lei n. 42 518, de 25 de Maio de 1959, pelo artigo 25 daquele diploma. VII - Não podem fixar-se...
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