Acórdão nº 0050431 de Court of Appeal of Lisbon (Portugal), 17 de Dezembro de 1991
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 17 de Dezembro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Indicações Eventuais: TEIXEIRA DE SOUSA IN BMJ N292 PAG99 PAG107 PAG109. PINTO FURTADO IN CURSO DO DIREITO DAS SOCIEDADES PAG236.
Área Temática: DIR PROC CIV. DIR CIV - DIR FAM. DIR TRIB - DIR FISC.
Legislação Nacional: CPC67 ART26 N1 N2 N3 ART288 N1 D ART467 N1 C ART650 N1 F ART661 ART712 N2. CCIV66 ART342 N1 ART1691 N1 D. CCOM888 ART10. CIVA84 ART26.
Sumário: Uma sociedade comercial por quotas é parte legítima para demandar aqueles que, em acordo com outros a quem cederam todas as quotas na sociedade, se comprometeram a pagar determinadas importâncias, em sequência da delibração de seus sócios, em assembleia geral, com o fito de evitar nefastas consequências por a cedência ter ocorrido em plena época alta do turismo, a que se dedica a sociedade. A mera comercialidade de uma dívida não basta para a tornar comunicável ao outro cônjuge. Torna-se necessária a alegação de factos demonstrativos da qualidade de comerciante de quem a assumiu. A mera assinatura de um cônjuge na escritura de cessão de quotas...
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