Acórdão nº 0123749 de Court of Appeal of Porto (Portugal), 24 de Maio de 1990
| Magistrado Responsável | CARLOS MATIAS |
| Data da Resolução | 24 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROC EXEC.
Legislação Nacional: CPC67 ART1041 N1. CCIV66 ART1038 N1 N2 ART825 N1 ART1692 B ART1696 N1 N3. CCOM888 ART10 ART13.
Jurisprudência Nacional: AC STJ DE 1970/03/20 IN BMJ N195 PAG241. AC RL DE 1967/07/05 IN JR T4 ANO13 PAG651.
Sumário: I - Nas execuções fundadas em títulos de crédito, o pagamento das dívidas comerciais de qualquer dos cônjuges, que tem de ser feito pela meação do devedor, só está livre da moratória, ao abrigo do artigo 10 do Código Comercial, se estiver provada a comercialidade substancial da dívida exequenda. II - A qualidade de sócio-gerente de uma sociedade por quotas não confere a qualidade de comerciante, ao abrigo do artigo 13 do Código Comercial (prática de actos de comércio e fazendo...
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