Acórdão nº 074306 de Supremo Tribunal de Justiça (Portugal), 16 de Dezembro de 1986
Magistrado Responsável | JOAQUIM FIGUEIREDO |
Data da Resolução | 16 de Dezembro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: E LOPES CARDOSO IN MANUAL DA ACÇÃO EXEC 3ED PAG325. A REIS IN PROC EXEC VOL1 PAG401.
Área Temática: DIR PROC CIV - PROC ESP. DIR COM.
Legislação Nacional: L 68/78 DE 1978/10/16 ART1 N1 ART4 ART10 N3 ART38 B ART39 N1 B ART43 B ART47. CPC39 ART55 ART57 ART813 PARUNICO ART815 PARUNICO ART1036 PARI. CPC67 ART823 N1 A ART1036 ART1037 N2.
Sumário : I - É terceiro no processo de execução, de sentença quer lhe seja estranho, não intervindo nele nem como exequente nem como executado. II - Estando assente que no dia 30 de Abril de 1975, em virtude do abandono dos respectivos sócios gerentes, os trabalhadores de uma sociedade assumiram a sua gestão e que os proprietários da empresa não intentaram tempestivamente acção de reivindicação, é de facto aplicável a essa empresa a lei n. 68/78, de 16 de Outubro, que define a orgânica das empresas em auto-gestão. III - Nos termos dos artigos 4, 10 n. 3, 38, alínea b), 39, n. 1, alínea b), 43, alínea b) e 47 da Lei n. 68/78, de 16 de Outubro, ficam sujeitos à situação jurídica regulada neste diploma todos os bens ou direitos do...
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