Acórdão nº 003419 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1992
Magistrado Responsável | MORA DO VALE |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO. DECLARAÇÃO DE COMPETÊNCIA.
Indicações Eventuais: C MENDES MANUAL PROC CIV 1963 PAG163 A REIS CPC ANOTADO VI PAG202. VARELA M BEZERRA S NORA MANUAL PROC CIV PAG199.
Área Temática: DIR PROC CIV. DIR CONST - PODER POL.
Legislação Nacional: DL 260/76 DE 1976/04/08 ART4 ART37 N2 ART38 ART43. CPC67 ART66 ART67 N1. CONST33 ART66 ART116. CONST76 ART301. LOTJ77 ART45 ART56 N1 F ART66. DL 138/85 DE 1985/05/03 ART1 N1 ART8 N1.
Sumário : I - As formas de extinção das empresas públicas são unicamente as previstas no Decreto-Lei n. 260/76, de 8 de Abril, não lhes sendo aplicáveis as regras sobre dissolução e liquidação de sociedades nem os institutos de falência e insolvência. II - A fusão, cisão e liquidação de empresas públicas é da competência do Conselho de Ministros e faz-se por decreto referendado nos termos do artigo 4 do citado diploma. III - A verificação do passivo, feita de acordo com o artigo 43 do mesmo Decreto-Lei, é da competência dos tribunais comuns. IV - No artigo 45 da LOTJ/77 passou a fazer-se a distinção, quanto a tribunais de comarca, entre tribunais de competência genérica, especializada e específica. V - Segundo a alínea f) do n. 1 do artigo 56 da LOTJ/77, os tribunais...
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