Acórdão nº 9110851 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1992
Data | 24 Fevereiro 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PRO EXEC.
Legislação Nacional: CPC67 ART868 N1 N2 ART870 N1 ART1041 ART1147 N1 C.
Jurisprudência Nacional: AC STJ DE 1986/07/03 IN BMJ N359 PAG606. AC RP DE 1981/12/15 IN CJ ANOVI T5 PAG280. AC RL DE 1971/02/24 IN BMJ N204 PAG191. AC RL DE 1987/05/19 IN CJ ANOXII T3 PAG85. AC RL DE 1969/07/02 IN BMJ N194 PAG606.
Sumário: I - Verificando-se, uma vez efectuada a penhora, a insuficiência patrimonial do executado para fazer face a todos os créditos verificados, pode qualquer titular destes créditos requerer que o processo transite para o tribunal competente para nele ser decretado a falência ou insolvência do devedor. II - Por " titulares de créditos verificados ", para esse efeito, tem de entender-se não só os credores reclamantes com créditos reconhecidos e graduados, mas também o próprio exequente, cujo crédito, quando não impugnado, tem-se como certo e, assim, igualmente verificado...
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