Acórdão nº 9620993 de Court of Appeal of Porto (Portugal), 10 de Dezembro de 1996
| Magistrado Responsável | EMERICO SOARES |
| Data da Resolução | 10 de Dezembro 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 / PROC EXEC.
Legislação Nacional: CPC67 ART870 N2. CPEREF93 ART8 N3 ART15 ART28 ART29 ART186 ART187 ART200 N3.
Sumário: I - Instaurada execução, o exequente só poderá lograr uma declaração de falência do executado actuando nos estritos termos estipulados no artigo 870 do Código de Processo Civil, ou seja, fazendo comprovar na acção executiva a situação de insolvência do devedor e requerer depois a remessa do processo ao tribunal competente para ser nele declarada a falência. II - Ora, tendo o exequente, na pendência da execução...
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