Acórdão nº 9340214 de Court of Appeal of Porto (Portugal), 13 de Maio de 1993
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 13 de Maio de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART193 N2 A ART1135 ART1140 N1. CSC86 ART78 N1.
Sumário: I - Não se verifica falta de causa de pedir, determinante de ineptidão da petição inicial, se o autor, ao pedir que o réu seja condenado a pagar- -lhe o montante de crédito sobre uma sociedade, alega que o réu, como sócio gerente da sociedade devedora, pagou a outros credores sociais, em detrimento do autor por ter esgotado o património social com o pagamento àqueles credores, sabendo ele réu da insuficiência patrimonial da sociedade. II - Envolvendo tal factualidade o incumprimento do dever de apresentação para declaração de falência prescrito...
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