Acórdão nº 9920542 de Court of Appeal of Porto (Portugal), 27 de Abril de 1999
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 27 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR TRIB - APOIO JUD.
Legislação Nacional: CPEREF98 ART205 ART207. CPC67 ART474. CPC95 ART474 ART479 ART234 N4 ART211 N1 A ART234 A N1 ART265 N2 ART508. DL 387-B/87 DE 1987/12/29 ART26 N1 N2.
Sumário: I - A acção para verificação ulterior de créditos deve ser proposta contra os credores do falido. II - Na acção em que, na falência de X., o autor vem reclamar, nos termos do artigo 205 do Código dos Processos Especiais de Recuperação da Empresa e de Falência, o seu crédito pedindo que seja reconhecido ou verificado e graduado no lugar que lhe competir, deve considerar-se implícito que tal acção é dirigida contra os credores da massa falida. III - Tal acção deve seguir apenas contra os credores por só contra eles ter sido proposta. IV - Devendo a acção ser processada por apenso, não há que proceder à distribuição da petição. V - Não sendo caso de a citação depender de prévio despacho judicial, só depois de findos os articulados é que compete ao juiz proferir, sendo caso disso, despacho...
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