Acórdão nº 066502 de Supremo Tribunal de Justiça (Portugal), 04 de Maio de 1978 (caso NULL)
| Data | 04 Maio 1978 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV867 ART1240 ART1241 ART2432. CCOM888 ART104 ART118. CPC67 ART712 N1 A ART722 N2 ART729.
Jurisprudência Nacional: AC STJ DE 1977/06/30 IN BMJ N268 PAG204.
Sumário : I - Para que exista uma sociedade e necessaria a chamada affectio societatis, elemento que se caracteriza por dois requisitos: um, subjectivo, traduzido na intenção de constituir uma certa realidade economico-juridica; outro, objectivo, revelado na constituição de um fundo social sem a existencia do qual aquela intenção seria meramente programatica. II - Qualquer dos requisitos referidos na conclusão anterior constitui materia de facto; o primeiro, por respeitar a intenção das partes no negocio juridico, o segundo porque so se revela atraves de actos de estipulação ou convenção. III - Encontrando-se...
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