Acórdão nº 0020041 de Court of Appeal of Lisbon (Portugal), 11 de Fevereiro de 1992
Magistrado Responsável | CALIXTO PIRES |
Data da Resolução | 11 de Fevereiro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR COM - REGISTOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: DL 425/83 DE 1983/12/06 ART45 ART50. DL 32/85 DE 1985/01/28. DL 42/89 DE 1989/02/03 ART77. CCJ62 ART3 N1 A B. DL 144/83 DE 1983/03/31 ART1.
Sumário: I - O art. 45 do Decreto-Lei 425/83, de 6 de Dezembro, na redacção que lhe foi dada pelo Decreto-Lei 32/85, de 28 de Janeiro, estabelece que a reclamação deve ser feita no prazo de 60 dias após a recepção do ofício notificador ou, nos casos em que o acto reclamado não deu lugar a ofício, após a sua verificação. II - Assim, sendo o reclamante um terceiro, presume-se que a verificação do acto reclamado ocorra após a publicação da determinação cuja admissibilidade se contesta. III - No caso, a denominação foi aprovada em 14/01/85 e publicada em Maio de 85 no Boletim do Registo Nacional de Pessoas Colectivas, referente ao mês de Janeiro do mesmo ano. IV - A reclamação, porém, só foi apresentada em 07/05/87. V - Acresce que a escritura de constituição da referida sociedade foi lavrada em 25/02/85 e publicada no Diário da Républica III série, n. 86, de 13/04/85. VI - Ainda que a reclamante não tenha sido notificada pessoalmente do despacho que admitiu a denominação da sociedade em causa, presume-se que dele teve conhecimento, atentas as formas de...
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