Acórdão nº 9820680 de Court of Appeal of Porto (Portugal), 29 de Setembro de 1998
Magistrado Responsável | EMIDIO COSTA |
Data da Resolução | 29 de Setembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART287 E. CPEREF93 ART25 ART29 N1 ART76 ART88 ART94 N1 N2.
Jurisprudência Nacional: AC STJ DE 1974/01/11 IN BMJ N233 PAG121. AC RP DE 1997/11/25 IN CJ T5 ANOXXII PAG206.
Sumário: I - Após o trânsito em julgado da sentença homologatória da deliberação da assembleia de credores que aprove uma ou mais providências de reestruturação financeira previstas no artigo 88 do Código dos Processos Especiais de Recuperação de Empresas e de Falência, deixa de ter razão de ser a execução que fora instaurada contra a empresa insolvente e cujo crédito foi englobado naquela deliberação, execução essa que ficara suspensa, após a prolação do despacho a que alude o artigo 25 do referido Código. II - Ficando o crédito exequendo abrangido por alguma das medidas aprovadas pela...
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