Acórdão nº 0059541 de Supremo Tribunal Administrativo (Portugal), 01 de Fevereiro de 1994 (caso None)
Data | 01 Fevereiro 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: A DOS REIS PROCESSOS ESPECIAIS ED DE 1982 V2 PAG319. PEDRO MACEDO MANUAL DO DIREITO DE FALÊNCIAS V1 PAG251.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1174.
Jurisprudência Nacional: AC STJ DE 1976/03/09 IN BMJ N255 PAG171. AC STJ DE 1977/10/25 IN BMJ N270 PAG184. AC STJ DE 1978/06/22 IN BMJ N278 PAG277. AC RL DE 1981/11/06 IN CJ T5 PAG126.
Sumário: No art. 1174 do CPC, consigna-se os chamados índices do estado de falência, ou seja, as circunstâncias exteriores reveladoras da impossibilidade em que o comerciante se mostra de solver os seus compromissos. Verificado algum desses factos-índices, a falência tem necessariamente de ser declarada, sem que haja de investigar-se se, no caso concreto, o facto revela efectivamente o estado económico focado no art. 1135 do CPC. Só releva a cessação de pagamentos quando exprima...
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