Acórdão nº 084557 de Supremo Tribunal de Justiça (Portugal), 18 de Novembro de 1993
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 18 de Novembro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV.
Legislação Nacional: DL 177/86 DE 1986/07/02 ART1 N2. CPC67 ART1140.
Sumário : I - O n. 2 do artigo 1 do Código de Processos Especiais de Recuperação da Empresa e de Falência impõe que só deve ser decretada a falência da empresa insolvente quando ela se mostre economicamente inviável, ou se não considere possivel, em face das circunstâncias, a sua recuperação financeira. II - O processo de falência prevê o incidente de declaração de falência após concordata com requisitos diferentes do similar incidente no processo de recuperação de empresas. Naquele pode cumular-se o pedido de anulação da concordata com o de declaração de falência, como pode também pedir-se só a declaração de falência. No processo...
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