Disposições gerais
Autor | Geraldo Aparecido do Livramento |
Ocupação do Autor | O autor é Pedagogo, graduado na primeira turma da Faculdade de Filosofia, Ciências e Letras de Votuporanga (SP). Especialista em didática |
Páginas | 279-280 |
Page 279
A execução contra devedor insolvente apresenta-se com caráter coletivo, uma vez que ela é promovida em benefício de uma universalidade de credores. Nesta execução será abrangido todo o patrimônio
Page 280
do devedor, o qual será destinado para o pagamento de todos os seus credores, de conformidade com a preferência dos créditos. Podemos dizer que esta espécie de execução guarda semelhança com a recuperação judicial e até mesmo com a falência, pois se dá a abertura do concurso universal dos credores, os quais partilharão os bens arrecadados, respeitando-se as preferências.
A execução contra devedor insolvente apresenta duas fases distintas: a primeira é a fase cognitiva, que tem por finalidade constatar a insolvência para que a mesma seja declarada por sentença e, a segunda fase, em que se forma o concurso universal de credores para a posterior partilha do produto obtido com a alienação dos bens do devedor, os quais foram arrecadados. É de fundamental importância para o reconhecimento da insolvência determinar que as dívidas do devedor apresentem-se superiores ao seu patrimônio formado por bem penhoráveis.
O pedido de insolvência deve ser requerido por credor quirografário, que instruirá o...
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