Despacho normativo n.º 18/77, de 28 de Janeiro de 1977
Despacho Normativo n.º 18/77 1. O Decreto-Lei n.º 260/76, de 8 de Abril, definiu os princípios fundamentais a que devem obedecer os estatutos das empresas públicas.
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No n.º 3 do preâmbulo daquele diploma prevê-se a hipótese de serem excluídas do seu âmbito de aplicação as empresas organizadas sob a forma de sociedades, de acordo com a lei comercial, ainda que associando capitais públicos e privados e, bem assim, as sociedades de capitais exclusivamente públicos, associando o Estado e outras entidades públicas.
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Excluídas do âmbito de aplicação do decreto-lei em apreço ficaram também as empresas sob intervenção do Estado.
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Posteriormente, o Decreto-Lei n.º 639/76, de 29 de Julho, veio prescrever que o Estado assuma directamente as dívidas passivas das empresas públicas nacionalizadas, nos termos do artigo 1.º, quando os credores sejam a Previdência, o Estado, organismos públicos ou empresas públicas ou nacionalizadas.
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A natureza pública ou nacionalizada da empresa advem-lhe de um acto de criação do Estado (empresa pública) ou de uma declaração expressa (empresa nacionalizada).
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Considerando que: 6.1. Não foram convertidas em empresas públicas, nem decretada a nacionalização das empresas sob intervenção do Estado; 6.2. As empresas intervencionadas escapam ao âmbito de aplicação quer do Decreto-Lei n.º 260/76, quer do...
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