Acórdão nº 0064611 de Supremo Tribunal Administrativo (Portugal), 16 de Março de 1993 (caso None)
Magistrado Responsável | BETTENCOURT FARIA |
Data da Resolução | 16 de Março de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: SOUSA MACEDO MANUAL DE DIREITO DE FALÊNCIAS II PAG386 PAG388.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART870.
Sumário: I - Em relação ao artigo 870 do Código de Processo Civil, é o tribunal da falência que tem de conhecer com inteira liberdade dos pressupostos para a declaração de falência, tal como se apreciasse uma corrente petição de falência avulsa: Rel. Lisboa, 24/02/1993. II - A conversão automática, pelo contrário, poderá conduzir à violência de se decretar falido quem o não possa ou deva ser, por não se verificar, v. g., um facto índice previsto na lei. III - É certo que condiciona a remessa da execução ao tribunal competente, a insuficiência do património do devedor para fazer face ao pagamento dos...
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