Acórdão nº 073373 de Supremo Tribunal de Justiça (Portugal), 08 de Maio de 1986 (caso NULL)
Magistrado Responsável | TINOCO DE ALMEIDA |
Data da Resolução | 08 de Maio de 1986 |
Emissor | Supremo Tribunal de Justiça (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: CCOM888 ART107 ART130. CCIV66 ART992 N1. CPC67 ART661 N1 ART668 N1 E ART722 N2 ART729 N2 ART1122.
Sum·rio : I - N„o se comete a nulidade do artigo 668, n. 1, alinea e) do Codigo de Processo Civil, quando se pede a nulidade de uma sociedade comercial irregular e o reconhecimento do direito a receber metade dos lucros e se decide no sentido dessa nulidade e relegando para liquidaÁ„o a efectuar, a determinaÁ„o da percentagem dos lucros, pois n„o se condenou em objecto diverso, nem em quantidade superior, mas sim e so em quantidade inferior ao pedido, no que toca a percentagem nos lucros, de acordo com os artigos 661, ns. 1 e 2 e 1122 e seguintes do Codigo citado e artigo 992, n. 1 do Codigo Civil. II - E quanto a suficiencia ou insuficiencia de elementos para determinaÁ„o dessa...
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