Acórdão nº 068767 de Supremo Tribunal Administrativo (Portugal), 05 de Novembro de 1980 (caso None)
Data | 05 Novembro 1980 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT PROF FERRER CORREIA IN LIÇ DIR COM VOLI 1965 PAG191 E ADITAM1971 PAG26. PROF ANTUNES VARELA CODIGO CIVIL ANOTADO VOLIV PAG300.
Área Temática: DIR CIV - DIR FAM. DIR COM - TIT CREDITO. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1691 N1 A C D. LULL ART9 ART43 ART47 ART48 ART1710. CPC67 ART523 N1 ART646 N3 ART712 N2 ART722 N2 ART729 N2. CCOM888 ART2 ART15. CRC78 ART5 ART261.
Jurisprudência Nacional: AC STJ DE 1962/11/09 IN RLJ ANO96 PAG165. AC STJ DE 1965/10/06 IN RLJ ANO99 PAG82. AC STJ DE 1966/12/06 IN RLJ ANO100 PAG243.
Sumário : I - O uso da faculdade prevista no artigo 712, n. 2, do Codigo de Processo Civil, so compete a Relação e tratando-se de materia que apenas pode ser provada por documento autentico - regime de bens do casal dos reus - ela devia ter sido feita com os articulados ou ate ao encerramento da discussão em primeira instancia. II - A redacção do artigo 15 do Codigo Comercial, estabelecendo ao tempo da emissão da letra questionada e da propositura da acção uma presunção de proveito comum do casal, em relação as dividas provenientes de actos comerciais contraidas so pelo marido comerciante, sem outorga da mulher, não impõe uma interpretação restritiva, pois fala genericamente em dividas provenientes de actos comerciais, e não ha duvida que o...
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