Acórdão nº 074247 de Supremo Tribunal de Justiça (Portugal), 03 de Julho de 1986
Data | 03 Julho 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART870 N1 ART1174.
Sumário : I - A remessa do processo de execução ao tribunal competente para a declaração de falencia so pode ser feita, de harmonia com o disposto no artigo 870 do Codigo de Processo Civil, depois de averiguada nesse processo a insuficiencia de patrimonio do executado para o pagamento dos creditos verificados. II - Não havendo patrimonio penhorado, ou com possibilidade de penhora, na execução, e inaplicavel o disposto no citado artigo 870 do Codigo de Processo Civil. III - Tal não impede, porem, que o...
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