Acórdão nº 076332 de Supremo Tribunal de Justiça (Portugal), 26 de Janeiro de 1989 (caso NULL)
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 26 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A REFERENCIA AO N1 ART1175 CPC67 CORRESPONDE A REDACÇÃO ANTERIOR A DO ART50 DO DL 177/86 DE 2 DE JULHO.
Área Temática: DIR PROC CIV. DIR COOP.
Legislação Nacional: CPC67 ART1174 N1 A C N2 ART1184 N1 C H I ART493 N3. CCOOP80 ART76 N4 ART75 G.
Jurisprudência Nacional: AC STJ DE 1969/02/07 IN BMJ N184 PAG223.
Sumário : I - Nos embargos deduzidos contra o decretamento da dissolução de uma sociedade cooperativa, a utilização do fundamento da alinea c) do n. 1 do artigo 1184 do Codigo de Processo Civil corresponde a defesa por excepção, i. e. a invocação de facto impeditivo (caducidade) do direito de ser requerida a dissolução, cabendo a embargante o onus de alegar e provar que a cessação de pagamentos, com a caracteristica de ser reveladora da sua incapacidade economica, se tornou patente ha mais de dois anos antes de requerida a...
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