Acórdão nº 077383 de Supremo Tribunal Administrativo (Portugal), 10 de Outubro de 1989 (caso None)
Data | 10 Outubro 1989 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: SA CARNEIRO RT ANO86 PAG305 PAG340. P LIMA E A VARELA CCIV ANOTADO VOLIV 1975 PAG363/365. A VARELA DIR FAM 1982 PAG361 1987 PAG421.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - DIR FAM / DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART1174 N1 A. CCIV66 ART12 N2 ART13 ART285 ART286 ART424 ART1714 N2 N3. CSC86 ART8 N1. DL 262/86 DE 1986/09/02. LSQ ART6 ART7 ART14 PAR1 PAR2 ART18 PAR2 PAR3 PAR4.
Jurisprudência Nacional: AC STJ DE 1981/02/03 IN BMJ N304 PAG424. AC STJ DE 1986/10/25 IN CJ ANOXI TV PAG227. AC RL DE 1986/12/18 IN CJ ANOXI TV PAG158. AC STJ PROC76359 DE 1988/10/24. AC STJ PROC77170 DE 1989/05/03.
Sumário : I - A partir da vigência do Código Civil de 1966, o n. 2 do artigo 1714 veda em absoluto as sociedades apenas entre os dois cônjuges não separados de pessoas e bens, só podendo participar na sociedade de capitais com outro ou outros sócios. II - Nas sociedades por quotas, segundo o princípio contido no artigo 6 da Lei das Sociedades por Quotas, de 11 de Abril de 1901, as quotas sociais são transmissíveis nos termos gerais de direito. III - Porém, a partir do momento em que a sociedade fica reduzida a dois sócios cônjuges, não separados de...
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