Acórdão nº 063837 de Supremo Tribunal Administrativo (Portugal), 07 de Março de 1972 (caso None)
| Magistrado Responsável | J SANTOS CARVALHO |
| Data da Resolução | 07 de Março de 1972 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JOSE GABRIEL PINTO COELHO IN RLJ ANO82 PAG273.
Área Temática: DIR CIV - DIR CONTRAT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV867 ART1033 ART1034 ART1035 ART1036 ART1042. CPC67 ART1235.
Jurisprudência Nacional: AC STJ DE 1960/12/16 IN BMJ N102 PAG319.
Sumário : I - O artigo 1042 do Codigo Civil de 1867 esta subordinado aos artigos 1033 a 1036 e visa apenas estabelecer os efeitos da procedencia da acção de rescisão da preferencia indevida e não as condições de procedencia dessa mesma acção. II - São condições de procedencia da acção rescisoria ou pauliana, a anterioridade dos creditos dos credores requerentes da recisão, a insolvencia ou agravamento do estado de insolvencia do devedor resultante do acto cuja rescisão se pede e a ma fe de ambas as...
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