Acórdão nº 079454 de Supremo Tribunal de Justiça (Portugal), 29 de Janeiro de 1991
Magistrado Responsável | FIDALGO DE MATOS |
Data da Resolução | 29 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT. DIR COM - SOC COMERCIAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART355 ART357 N2 ART733 ART739 N1 A. CCIV66 ART12 N1 N2 ART261 N1 ART280 ART286 ART287 N1 ART288 N1 N2 N3 ART294 ART475 N3 ART606. CCOM888 ART173 PAR3. LSQ ART31. CSC86 ART397 N2.
JurisprudÍncia Nacional: AC STJ DE 1967/01/27 IN BMJ N163 PAG326.
Sum·rio : I - Requerida a intervenÁ„o no processo da Fazenda Nacional devia o senhor Juiz proferir despacho rejeitando o incidente ou mandando ouvir a parte contraria (artigos 355 e 357 n. 2 do Codigo de Processo Civil). N„o o tendo feito, incorreu-se em nulidade por omiss„o, que se encontra sanada porque n„o foi arguida no prazo legal. II - Da decis„o de admiss„o daquele incidente, proferida no saneador, cabia recurso de agravo, nos termos dos artigos 733 e 739 n. 1 do Codigo de Processo Civil. III - Celebrado um contrato de compra e venda entre o segundo reu (por si, como socio gerente da sociedade primeira re) e a primeira re, tal contrato so e anulavel, como deriva do n. 1 do artigo 261 do Codigo Civil, se o representado n„o consentiu na sua celebraÁ„o, ou se, pela sua natureza n„o exclui a possibilidade de um conflito de interesses. IV - A anulabilidade de tais negocios e sanavel por confirmaÁ„o da entidade a quem pertence o direito de anulaÁ„o (artigo 288 ns. 1 e 2 do Codigo Civil). V - Provado que a primeira re aceitou o negocio com o representante e que este, como consta das escrituras notariais, agiu no uso de poderes que lhe foram conferidos em assembleia geral da representada para os ditos actos, tais negocios passam a...
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