Acórdão nº 062509 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1968 (caso NULL)
Magistrado Responsável | BOGARIM GUEDES |
Data da Resolução | 17 de Dezembro de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR COM - SOC COMERCIAIS / REGISTOS. DIR PROC CIV.
LegislaÁ„o Nacional: CPC61 ART729 N3. CCOM888 ART152 PAR2. D 42644 DE 1959/11/14 ART13 B. D 42645 DE 1959/11/14 ART72 N1 N2 ART80.
Sum·rio : I - O tribunal da segunda instancia, ao afirmar que uma clausula do pacto social de uma sociedade em nome colectivo tem um sentido duvidoso, por dela n„o se poder deduzir, ao conferir a gerencia a todos os socios, se abrange so aqueles que o eram na data em que foi formulada, ou se a esses e a todos os que viessem a fazer parte da sociedade no futuro, fez um julgamento de facto, que tem de ser acatado pelo Supremo Tribunal de JustiÁa. II - O n. 3 do artigo 729 do Codigo de Processo Civil so e de aplicar quando seja necessario esclarecer factos ou averiguar factos novos, o que n„o e o caso, porque ficou esclarecido, em materia de facto, que a clausula era ambigua e que tal ambiguidade so podia ser desfeita atraves de provas a produzir. III - E n„o e possivel produzir novos elementos de prova no processo de recurso da decis„o do conservador que recusa o registo, dada a sua indole especial e os tramites que o regulam nos artigos 248 e seguintes do...
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