Acórdão nº 0013886 de Court of Appeal of Porto (Portugal), 04 de Abril de 1978
| Magistrado Responsável | SANTOS CARVALHO |
| Data da Resolução | 04 de Abril de 1978 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO111 PAG220. ANTUNES VARELA IN DAS OBRIGAÇÕES 2ED V1 PAG321.
Área Temática: DIR COM - DIR SOC. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART457. CCOM888 ART118 N2.
Sumário: I - A declaração de dívida, como promessa unilateral de uma prestação, só excepcionalmente pode constituir, por si só, fonte de obrigações (artigo 457 do Código Civil). II - A declaração do sócio de Sociedade por quotas de que se comprometia a compensar as perdas verificadas com os lucros distribuidos ou a distribuir, com o fim de evitar a dissolução da sociedade, não constitui, desacompanhada de qualquer outra "causa debendi", fonte de obrigação de dívida. III - A deliberação tomada nesse sentido pela sociedade, em assembleia geral, também o não é. IV - A participação nas perdas, a que alude o art. 118, 2 do Código...
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