Acórdão nº 0001304 de Court of Appeal of Lisbon (Portugal), 27 de Novembro de 1996
Magistrado Responsável | CESAR TELES |
Data da Resolução | 27 de Novembro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART287 E ART684 N3 ART690 N1. D 19212 DE 1931/01/08. D 19583 DE 1931/04/13. D 19597 DE 1931/04/15. D 20287 DE 1931/09/07. D 22311 DE 1933/03/15. D 23222 DE 1933/11/13. D 26522 DE 1936/04/16. DL 30689 DE 1940/08/27 ART1 PAR2 ART12 ART21 N5 ART34 ART36 ART37 PAR1 ART38. DL 298/92 DE 1992/08/27 ART152. PORT 102/95 DE 1995/03/31. CONST33. CONST89 ART3 N3 ART205 ART206 ART280 N1 A.
Jurisprudência Nacional: AC STA DE 1990/02/01. AC TC 443/91 DE 1991/11/20 IN DR DE 1992/04/02. AC TC 171/92 DE 1992/09/18 IN DR 216/92 DE 1992/09/18.
Sumário: I - É violador da Lei Fundamental o DL n. 30689, de 27-08-1940, ao atribuir exclusivamente a uma Comissão Liquidatária (constituída por três Vogais, sendo um, Comissário do Governo, nomeado pelo Ministro das Finanças; e os outros, representando os credores e o banqueiro singular ou os sócios do estabelecimento bancário, eleitos ou nomeados pelos seus representantes, sob confirmação daquele Ministro) poderes para verificar, graduar e classificar os créditos, decidindo...
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