Acórdão nº 9150307 de Court of Appeal of Porto (Portugal), 14 de Janeiro de 1992
Magistrado Responsável | MARTINS COSTA |
Data da Resolução | 14 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DE 1989 E DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP / RECURSOS.
Legislação Nacional: CPC67 ART201 N1 ART205 N1 ART668 N1 N3. LULL ART32. DL 177/86 DE 1986/07/02 ART17 N4. DL 10/90 DE 1990/01/05 ART14 N1 N2 ART15 N1.
Sumário: I - A iniciativa da informação, no processo especial de recuperação de empresa, do pagamento e subrogação referidos no artigo 14, nºs 1 e 3, do Decreto-Lei nº 10/90, de 05/01, compete a qualquer dos intervenientes nesse processo, designadamente à própria empresa, como titular do interesse essencial da sua recuperação, e ao terceiro subrogado nos direitos do credor já pago, no todo ou em parte, dados os poderes, incluindo o de votar na assembleia de credores, em que fica investido. II - Embora susceptível de influenciar o sentido da deliberação da assembleia de credores, a falta dessa informação é omissão, imputável às partes ou intervenientes no processo, sem relação com o formalismo processual, e que, portanto, se não reconduz a nulidade de natureza processual prevista no artigo 201, nº 1, do Código de Processo Civil, que supõe uma actividade positiva ou negativa do tribunal e desvio ou...
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