Acórdão nº 9410305 de Court of Appeal of Porto (Portugal), 23 de Junho de 1994
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 23 de Junho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART23 ART24 ART25 ART40 N1 N2.
Sumário: I - Face ao artigo 9, n. 4 do Decreto-Lei n. 177/86, de 1 de Julho, os poderes conferidos ao administrador judicial condicionam a utilização dos poderes forenses que possam ter sido concedidos a qualquer advogado por administradores anteriores ao administrador judicial, podendo este tomar quaisquer medidas que contrariam a vontade de anteriores administradores. II - Porém o próprio facto da nomeação de administrador judicial não suprime por si só os poderes de administração da administração efectiva da empresa a recuperar. III - A incapacidade judiciária abrange, além da incapacidade em sentido restrito, a...
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