Acórdão nº 061575 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1969
Magistrado Responsável | LOPES CARDOSO |
Data da Resolução | 17 de Janeiro de 1969 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV867 ART705 ART709 ART1548. LSQ ART9.
Sumário : I - A clausula do pacto social de uma sociedade por quotas - de que esta se dissolve por morte ou interdição de qualquer socio, pois continuara entre os sobrevivos ou capazes, pagando a sociedade aos herdeiros ou representantes do falecido ou interdito a quota pelo valor nominal acrescido de outras importancias - e valida, pois não ofende as normas nem os principios do direito sucessorio. II - Objecto de sucessão são os direitos do de cuius, com as limitações que ele proprio lhes estabeleceu convencionalmente; deste modo, tendo o socio, ao subscrever o pacto social, aceite aquela clausula, os seus sucessores não podiam adquirir senão o direito assim condicionado. III - Foi, pois, perfeitamente correcta a expressão "amortização forçada" usada por um dos socios na proposta que fez a viuva e ao unico...
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