Acórdão nº 9730430 de Court of Appeal of Porto (Portugal), 26 de Junho de 1997
| Magistrado Responsável | OLIVEIRA BARROS |
| Data da Resolução | 26 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV - PROC ESP.
Legislação Nacional: CCIV66 ART604 N1 ART666 ART686 ART687 ART737 N1 D ART749 ART751. LCT69 ART25. L 17/86 DE 1986/06/14 ART12. CPEREF93 ART66 ART77 ART88 N1 A ART100 N1 N3 ART152 ART200 N2 ART209 ART222 N2.
Jurisprudência Nacional: AC RP PROC9530537 DE 1996/03/07. AC STJ DE 1996/03/19 IN CJSTJ T1 ANOIV PAG149. AC RE DE 1996/07/09 IN CJ T4 ANOXXI PAG308. P PGR DE 1986/11/20 IN BMJ N364 PAG383. AC STJ DE 1996/06/05 IN CJSTJ T2 ANOIV PAG112. AC STJ DE 1995/01/17 IN CJSTJ T1 ANOIII PAG22. AC RP DE 1995/11/09 IN CJ T5 ANOXX PAG200. AC RP DE 1995/10/24 IN CJ T4 ANOXX PAG219.
Sumário: I - A declaração de falência não traz para os credores por créditos anteriores à aprovação da concordata maiores benefícios do que os que lhes adviriam do cumprimento dessa concordata, pelo que só podem reclamar e ver reconhecidos os seus créditos pelo valor ou montante a que haviam sido reduzidos por deliberação da assembleia de credores devidamente homologada. II - O privilégio mobiliário e imobiliário geral instituído pelo artigo 12 da Lei n.17/86, de...
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