Acórdão nº 082144 de Supremo Tribunal de Justiça (Portugal), 09 de Julho de 1992
| Magistrado Responsável | FIGUEIREDO DE SOUSA |
| Data da Resolução | 09 de Julho de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART659 N2 N3 ART664 ART713 N2 ART722 ART729 ART1160 N2. CCIV66 ART217 N1 ART840 N2 ART857 ART859 ART861. DL 125/79 DE 1979/05/10 ART15 N3. DL 120/83 DE 1983/03/01.
Legislação Estrangeira: CCIV ART1204 - ESPANHA.
Jurisprudência Nacional: AC STJ DE 1988/06/01 IN BMJ N378 PÁG707.
Sumário : I - Provada a intenção de, no Acordo de Assistência Financeira, substituir os débitos anteriores por novo passivo resultante da transformação e reestruturação daqueles débitos, provado fica o animus novandi. II - Considera-se este manifestado expressamente se resultar inequivocamente do conjunto de cláusulas do Acordo, apreciadas em função da vida de qualquer empresa e da dinâmica...
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