Acórdão nº 0035932 de Court of Appeal of Lisbon (Portugal), 02 de Outubro de 1997
| Magistrado Responsável | LOUREIRO DA FONSECA |
| Data da Resolução | 02 de Outubro de 1997 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: DL 132/93 DE 1993/04/23 ART9 N1 A B C.
Jurisprudência Nacional: AC RL DE 1996/01/16 IN CJ ANO1996 TI PAG67.
Sumário: I - A cessação da actividade comercial e a extinção da pessoa colectiva são conceitos diferentes. Quando na lei se refere expressamente ter "cessado a sua actividade", não se teve em conta qualquer das formas de extinção da pessoa colectiva. II - No caso de o devedor ter cessado a sua actividade comercial a falência tem de ser requerida por qualquer credor interessado ou pelo MP dentro do ano posterior a qualquer dos factos referidos nas alíneas a)...
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