Acórdão nº 082136 de Supremo Tribunal Administrativo (Portugal), 23 de Junho de 1992 (caso None)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 23 de Junho de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA MAN 2ED P455. A LEITE LSQ 7ED P573 - P93 - P100. V SERRA RLJ ANO107 P61. P LIMA A VARELA ANO1 VIII P319.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART174 ART177 ART334 ART342 N2 ART985 N3 N4 ART1404 ART1405 N1 ART2024 ART2091 N1. CCOM888 ART146 ART186. LSQ ART6 N1 ART9 ART39 ART46. CPC67 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1962/04/13 IN BMJ N116 PAG512. AC STJ DE 1972/04/21 IN BMJ N216 PAG173. AC STJ DE 1977/07/07 IN BMJ N269 PAG174.
Sumário : I - O Supremo Tribunal de Justiça tem de acatar a decisão das instâncias, quanto à matéria de facto, salvo o caso excepcional do n. 2 do artigo 722 do Código de Processo Civil (artigo 729 n. 2 do Código de Processo Civil). II - As quotas sociais são transmissíveis por sucessão nos termos gerais de direito (artigo 6 n. 1 da Lei de 11 de Abril de 1901 e artigo 2024 do Código Civil) e, quando os herdeiros são mais que um, todos eles ficam comproprietários da quota indivísa e adquirem a qualidade de sócios, exercendo em comum os seus...
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