Da extinção das obrigações
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 | 283-284 |
Page 283
Quanto à extinção das obrigações do devedor declarado insolvente, muito bem acentuou o ilustre professor Humberto Theodoro Júnior: "A execução por quantia certa contra o insolvente é uma autêntica falência civil, culminando, por isso, com a extinção das obrigações, ainda que não inteiramente satisfeitas, tal como ocorre com o comerciante submetido ao regime falimentar típico". (THEODORO JÚNIOR, 2006, v.2, p. 441). Em verdade, a prescrição das obrigações, interrompida com a instauração do concurso universal de credores, recomeça a correr no dia em que passar em julgado a sentença que encerra o processo de insolvência. Consideram-se extintas todas as obrigações do devedor, decorrido o prazo de 5 (cinco) anos, contados da data do encerramento do processo de insolvência. É lícito ao devedor requerer ao juízo da insolvência a extinção das obrigações e o juiz mandará publicar edital, com o prazo de 30 (trinta) dias, no órgão oficial e em outro jornal de grande circulação. Neste prazo de 30 (trinta) dias, fixados...
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