Acórdão nº 1123/07.0TYLSB-E.L1-8 de Court of Appeal of Lisbon (Portugal), 16 de Abril de 2009
Magistrado Responsável | FERREIRA DE ALMEIDA |
Data da Resolução | 16 de Abril de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
Acordam no Tribunal da Relação de Lisboa : 1. A, Lda, declarada insolvente em acção, por si proposta, a correr termos no 4º Juízo do Tribunal de Comércio de Lisboa, veio, invocando a incompatibilidade dessas funções com a respectiva qualidade de advogado, requerer a substituição do dr. B, como administrador da insolvência.
Proferida decisão, deferindo a substituição, daquela interpôs o requerido o presente agravo, cujas alegações terminou com a formulação das seguintes conclusões : - A decisão de substituir o ora recorrente não teve em conta a norma do art. 81º do Estatuto da Ordem dos Advogados.
- O requerimento de substituição apresentado pela requerente é consequência do bom trabalho realizado pelo recorrente, que não era do agrado da insolvente.
- Existe contradição entre o parecer da Ordem dos Advogados, o art. 81º do Estatuto da Ordem dos Advogados e o parecer da Comissão de Apreciação e Controlo de Actividades dos Administradores de Insolvência.
- Deverá o presente recurso ser julgado procedente e substituído, por falta de fundamento, o despacho que destituiu o recorrente, por outro que o mantenha em exercício pleno de funções.
Em contra-alegações, pronunciou-se a agravada pela confirmação do decidido.
Colhidos os vistos legais, cumpre decidir.
2. Nos termos dos arts. 684º, nº3, e 690º, nº1, do C.P.Civil, o objecto do recurso acha-se delimitado pelas conclusões do recorrente.
A questão a decidir resume-se, pois, à apreciação da decisão que, reconhecendo a ocorrência da invocada incompatibilidade, determinou a substituição do designado administrador de insolvência.
A tal respeito, dispõe, efectivamente, o art. 77º, nº1 o), do Estatuto da Ordem dos Advogados...
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