Acórdão nº 9531238 de Court of Appeal of Porto (Portugal), 18 de Abril de 1996
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 18 de Abril de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC EXEC.
Legislação Nacional: L 17/86 DE 1986/06/14 ART12 N1 N2 N3. CCIV66 ART747 N1 A ART734 ART736. CPC67 ART1196 N1.
Jurisprudência Nacional: AC STJ DE 1995/01/17 IN CJSTJ T1 ANOIII PAG22. AC RP DE 1984/01/12 IN CJ T1 ANOIX PAG213. AC RC DE 1990/03/27 IN CJ T2 ANOXV PAG96. AC RP DE 1983/05/03 IN BMJ N327 PAG696. AC STJ DE 1980/07/29 IN BMJ N299 PAG313.
Sumário: I - Sendo o penhor mercantil constituido antes da entrada em vigor da Lei 17/86, de 14 de Junho, prevalece sobre os créditos dos trabalhadores o crédito por ele garantido. II - O mesmo crédito prevalece sobre o do Estado por impostos; e porque os da Segurança Social são graduados após os do Estado por impostos, mas, ex vi do disposto no artigo 10 do Decreto-Lei 103/80, de 9 de Maio, a Segurança Social, quanto aos seus créditos, gozando do privilégio especial ( no...
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