Acórdão nº 0048492 de Supremo Tribunal Administrativo (Portugal), 09 de Julho de 1991 (caso None)
| Magistrado Responsável | ROSA RAPOSO |
| Data da Resolução | 09 de Julho de 1991 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL/DIR REAIS Legislação Nacional: CCIV66 ART202 ART1251 ART1278.
Sumário: I - Ainda que face à terminologia legal (artigo 202 a 205 do Código Civil) uma quota social hája de qualificar-se como coisa móvel, ela não é coisa corpórea, nem o legislador como tal a considera. II - A quota social assume-se como um feixe de direitos e obrigações. Os direitos compreendidos pela quota e por ela facultados não são apenas de carácter patrimonial (direito à participação nos lucros anuais, direito de oneração ou cessão), mas de natureza corporativa (participar, pelo voto, na formação da vontade colectiva, ser eleito para cargos sociais, fiscalizar a acção da administração etc. III - Os direitos reais a que se refere o artigo 1251 do Código Civil são apenas os que incidem sobre coisas corpóreas. IV - Para efeitos de usucapião só os direitos reais...
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