Acórdão nº 077170 de Supremo Tribunal Administrativo (Portugal), 03 de Março de 1989 (caso None)
Magistrado Responsável | JOSE DOMINGUES |
Data da Resolução | 03 de Março de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P LIMA VARELA CCIV ANOTADO V4 PAG352 - PAG364. A PIMENTA SOC COMERCIAIS 1953. J TAVARES SOC E EMPRESAS COMERCIAIS 2ED 1924 PAG77.
Área Temática: DIR CIV - DIR FAM / TEORIA GERAL. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART12 N1 N2 ART424 ART1714 N1 N2 N3. CSC86 ART8 N7. DL 262/86 DE 1986/09/02. LSQ ART6 ART7.
Jurisprudência Nacional: AC STJ DE 1977/12/06 IN BMJ N272 PAG208.
Sumário : I - A proibição de sociedades entre conjuges consagrada no n. 2 do artigo 1714 do Codigo Civil baseia-se no respeito pelo principio da imutabilidade das convenções antenupciais e dos regimes de bens legalmente fixados, formulado no n. 1 do mesmo preceito legal, abrangendo qualquer especie de sociedade, civil ou comercial, que haja os dois conjuges como unicos socios, seja desde a sua constituição apenas com os conjuges, seja por superveniente assunção de posições dos socios primitivos. II - A atenuação resultante do n. 3 do artigo 1714 - licitude da participação de ambos os conjuges na mesma sociedade de capitais - não engloba, quer no seu espirito, quer no seu texto, as sociedades por quotas, as quais, não sendo tipicas sociedades de capitais, constituem, pelo contrario, uma das especies de sociedades em que alguns dos socios, munidos de poderes de gerencia, mais facilmente podem lesar outro ou outros, sobretudo quando minoritarios, por carencia de adequada fiscalização e por falta de deveres legais de informação convenientes. Dai que a proibição resultante dos ns. 1 e 2 do aludido artigo se estenda a propria participação dos conjuges, ao lado de outros quotistas, em sociedades deste tipo. III - Com a entrada em vigor, em 1 de Novembro de 1986, do Codigo das Sociedades Comerciais, aprovado pelo Decreto-Lei n....
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