Acórdão nº 086581 de Supremo Tribunal Administrativo (Portugal), 16 de Maio de 1995 (caso None)
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 16 de Maio de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CCIV66 ART805 N2 A. CSC86 ART21 N1 B ART56 N1 A ART197 N1 ART203 N1 N3 ART204 N1 N2 ART207. LOTJ87 ART39. CPC67 ART721 N1 ART722 N1 N2 ART729 N1 N2 N3.
JurisprudÍncia Nacional: AC STJ DE 1982/12/09 IN BMJ N322 PAG321. AC STJ DE 1981/06/16 IN BMJ N308 PAG186. AC STJ DE 1986/05/20 IN BMJ N357 PAG336. AC STJ DE 1986/06/06 IN BMJ N356 PAG435. AC STJ DE 1986/10/08 IN BMJ N360 PAG514. AC STJ DE 1986/12/04 IN BMJ N362 PAG501. AC STJ DE 1989/11/29 IN BMJ N361 PAG514.
Sum·rio : I - Contrariamente ao disposto no artigo 805, n. 2, alÌnea a) do CÛdigo Civil, no caso das sociedades comerciais, ainda que a obrigaÁ„o tenha prazo certo, n„o basta o decurso desse prazo para que o sÛcio fique constituÌdo em mora, pois ter· sempre de ser interpelado, judicial ou extrajudicialmente, nos termos do n. 1 do artigo 204 do CÛdigo das Sociedades Comerciais. II - AlÈm disso, a n„o realizaÁ„o da prestaÁ„o no prazo fixado na interpelaÁ„o n„o determina, sÛ por si, a exclus„o do sÛcio remisso e a perda total ou parcial da quota, mas, t„o somente a sua sujeiÁ„o a essas consequÍncias. III - Tal sujeiÁ„o sÛ se tornar· efectiva depois da sociedade avisar esse sÛcio, por carta registada, de que, a partir do trigÈsimo...
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