Acórdão nº 9621568 de Court of Appeal of Porto (Portugal), 07 de Outubro de 1997
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 07 de Outubro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG.
Legislação Nacional: CCOM888 ART107 ART105 PAR1. CSC86 ART36 N2. CCIV66 ART980 ART524 ART516. CPC67 ART8.
Sumário: I - É irregular a sociedade comercial constituída oralmente, sem a formalidade da escritura pública. II - À sociedade irregular que iniciou a actividade antes da entrada em vigor do Código das Sociedades Comerciais aplicam-se as disposições do Código Comercial de 1888. III - Todos quantos contratem em nome de uma sociedade dessas ficam obrigados pelos respectivos actos, pessoal, ilimitada e solidariamente, em situação igual à dos sócios de uma sociedade em nome colectivo. IV - As sociedades irregulares têm capacidade judiciária passiva, mas não a activa. V - Se todos os sócios de uma sociedade irregular tiverem uma participação pessoal e directa no exercício mercantil da mesma, a sua responsabilidade pessoal, ilimitada e...
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