Acórdão nº 9630458 de Court of Appeal of Porto (Portugal), 20 de Junho de 1996
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 20 de Junho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPEREF93 ART79 ART87 ART88 N1 A N2 B ART89 ART66 ART97.
Sumário: I - É um elemento essencial, em processo especial de recuperação de empresas, da medida de " acordo de credores " o da constituição de uma ou mais sociedades. II - A gestão controlada, no mesmo processo, pressupõe um plano concertado cuja execução é entregue a nova administração com fixação de um prazo de gestão fiscalizada por uma comissão. III - As medidas de reestruturação financeira incluem, entre elas, o aumento do capital da sociedade e a conversão de créditos sobre ela em participações nesse aumento, na parte não subscrita pelos sócios, qualquer delas a adoptar de modo a que a empresa fique, desde logo, com um passivo inferior ao activo e com um fundo de maneio positivo...
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