Acórdão nº 0070331 de Court of Appeal of Lisbon (Portugal), 02 de Novembro de 1993
Data | 02 Novembro 1993 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR ECON - DIR BANC.
Legislação Nacional: DL 124/77 DE 1977/04/01 ART1 ART2 ART3 ART6 ART7 ART8 ART9 ART10 ART12 ART13 ART15. DL 718/74 DE 1974/12/17 ART5 ART8. CCIV66 ART227 ART232 ART270.
Sumário: I - De acordo com o Decreto Lei 124/77, de 1/4, arts. 2 n. 1, 7 n. 1 e 3, o contrato de viabilização não se impõe à vontade e determinação das empresas privadas, que são livres de deliberar sobre se interessa ou não viabilizarem-se. II - Não descolora esta afirmação a circunstância de na Resolução do Conselho de Ministros que fez cessar a intervenção económica estatal ter ficado estabelecido que a empresa se obrigava a apresentar ao Crédito Predial Português uma proposta de contrato de viabilização, pois que isso apenas espelha o consenso que o Governo e os anteriores detentores da gestão da empresa formaram para que a tutela económica directa do Estado cessasse. III - Por outro lado, apenas se impôs à Banca (nacionalizada) a obrigação de acolher essa pretensão de viabilização no conspecto do seu mero estudo, da necessária abertura de uma fase de ponderação da susceptibilidade séria de se estar perante empresa ainda vivificável segundo apertadas regras de economia (arts. 7 n. 3, 8, 9, 7 n. 1, DL 124/77). IV - No acordo para o contrato de viabilização existe um apertado equilíbrio entre o que se impetra (sociedade devedora) e o que se concede (credores daquela), ficando as respectivas posições de financiada e financiadores numa intrínseca interdependência, em termos de que o não rigoroso cumprimento de qualquer dos pontos quebra a unidade de equilibrio de interesses...
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