Acórdão nº 0225595 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1991
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 15 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP - PROC EXEC.
Legislação Nacional: CPC67 ART87 ART1178 ART475 N4 ART1174 ART474 N1 ART1135 ART1175.
Sumário: I - No artigo 870 do Código de Processo Civil prevê-se a conversão da execução em falência ou insolvência, abrindo um incidente processado nos próprios autos, enquanto diversamente no artigo 1178 do mesmo Código se regula a declaração da falência. II - O índice principal da impossibilidade de cumprimento para a declaração da falência é a cessação de pagamentos que seja significativa de incapacidade financeira, não bastando, por isso, a falta de um ou outro pagamento. III - Invocado pelo exequente numa execução contra uma sociedade comercial que esta só tem os bens que foram penhorados, que anteriormente em hasta pública foram vendidos outros bens dele, que há mais de um ano ela cessou de exercer...
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