Acórdão nº 088342 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1996 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 28 de Maio de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - REGISTOS.
Legislação Nacional: CSC86 ART10 N5. DL 42/89 DE 1989/02/03 ART2 N1 N2 ART8 N2.
Sumário : I - O n. 5 do artigo 10 do Código das Sociedades Comerciais determina que a firma a registar, constituída por denominação e nome ou firma de sócio, não pode ser idêntica à firma registada de outra sociedade, ou por tal forma semelhante que possa induzir em erro. Este princípio é ainda melhor caracterizado pelo n. 1 do artigo 2 do Decreto-Lei 42/89, de 3 de Fevereiro. II - Não são pois, admitidas semelhanças susceptíveis de induzir em erro o público, público este representado pelo homem médio, ou seja, a pessoa medianamente inteligente, atenta e diligente. III - Se embora a natureza e a extensão dos respectivos objectos sociais de duas sociedades não seja idêntica, mas há contudo, uma área comum de actividade que não está...
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