Acórdão nº 9130828 de Court of Appeal of Porto (Portugal), 23 de Junho de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART329 ART297 N2. CPC67 ART684 N3 ART1164 N1 A ART1174 N1 B ART1175 N1. DL 177/86 DE 1986/07/02 ART50 ART56.
Jurisprudência Nacional: AC STJ DE 1973/05/15 IN BMJ N227 PAG94. AC RL DE 1972/12/20 IN BMJ N222 PAG464. AC RL DE 1974/03/13 IN BMJ N235 PAG345.
Sumário: I - Tendo a concordada feito entrega ao senhorio, na sequência de acção de despejo contra ela intentada, do prédio onde se situava a sua sede social, não pode julgar-se verificado o fundamento para declaração de falência previsto no artigo 1164, nº 1, alínea a) do Código de Processo Civil, só porque, posteriormente, dois empregados do requerente da falência, a mando deste, se dirigirem a esse prédio para cobrarem o crédito acordado, não encontrando aí ninguém e...
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