Acórdão nº 002854 de Supremo Tribunal de Justiça (Portugal), 29 de Maio de 1991
Magistrado Responsável | CASTELO PAULO |
Data da Resolução | 29 de Maio de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: DL 260/76 DE 1976/04/08 ART37 N2 ART43 N4. DL 137/85 DE 1985/05/03 ART1 N1 ART8 N1. LOTJ77 ART14 ART15 ART56 N1 F ART66. LOTJ87 ART14 ART16. CONST82 ART213 N2. CPC67 ART66 ART67 N1 ART107 N1.
Sumário : I - O n. 4 do artigo 43 do Decreto-Lei n. 260/76, de 8 de Abril e o n. 1 do artigo 8 do Decreto-Lei n. 137/85 determinam que os credores, cujos creditos não sejam reconhecidos pela comissão liquidataria ou que não sejam graduados em conformidade com a lei, podem recorrer ao tribunal comum para fazer valer os seus direitos. II - De acordo com a terminologia relativa a organização judiciaria em vigor a data daqueles diplomas, aos tribunais comuns contrapunham-se os tribunais especiais, sendo nesta ultima categoria que se incluiam os tribunais do trabalho, os quais não detinham assim competencia para dirimir os conflitos como aquele que se apresenta nestes autos...
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