Acórdão nº 0057381 de Court of Appeal of Lisbon (Portugal), 30 de Junho de 1992
Magistrado Responsável | ARAUJO CORDEIRO |
Data da Resolução | 30 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: BATISTA MACHADO IN INTRDUÇÃO AO DIREITO E DISCURSO LEGISLADOR PAG183. MARTIM ALBUQUERQUE IN ESTUDOS DE DIREITO COMERCIAL PAG89.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: DL 138/85 DE 1985/05/03 ART8 N1. DL 49408 DE 1969/11/24 ART38 N1. DL 260/76 DE 1976/04/08 ART37 N2 ART43 N4. CPC67 ART1134 ART1218. CCIV66 ART289 N2 ART323 N1.
Sumário: I - O sentido do artigo 37, n. 2 do Decreto-lei 260/76, de 8 de Abril, é tão só o de afirmar que a extinção das empresas públicas é regulado por lei especial, pela via essencialmente administrativa. II - Tal, porém, não significa, nem pode significar que as normas reguladoras da extinção das empresas públicas não possam ser interpretadas, tendo em conta a unidade do sistema jurídico, de acordo com as disposições legais que regulam problemas normativos paralelos. III - Assim, vemos que o processo expedito de verificação do passivo existe quer no caso de liquidação de empresas públicas (artigo 43 do Decreto-lei 260/76 ou, no caso específico, artigo 3 do Decreto-lei 138/85), quer no caso de arrecadação de herança jacente (artigo 1134, do Código de Processo Civil), quer no caso de falência (artigo 1218, do...
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