Acórdão nº 062485 de Supremo Tribunal de Justiça (Portugal), 04 de Março de 1969 (caso NULL)
Magistrado Responsável | JOAQUIM DE MELO |
Data da Resolução | 04 de Março de 1969 |
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 CIV - DIR FAM.
LegislaÁ„o Nacional: CCIV867 ART145 ART150 ART153 ART1444 ART1458 PAR2. CCIV66 ART1885 N2 ART1887 N1 B C. CCOM888 ART108 ART138 ART162 N1 ART163 ART165 ART184 N4. LSQ ART5 PARUNICO ART61 N2 PARUNICO. D 43843 DE 1961/08/05. CPC67 ART660 N2 ART690.
Sum·rio : I - Declarando-se numa escritura de aumento de capital social de uma sociedade por quotas que o novo capital social esta totalmente realizado, a falsidade de tal declaraÁ„o acarreta, n„o a dissoluÁ„o da sociedade, mas apenas a responsabilidade solidaria dos declarantes, para com a sociedade e terceiros, pelo capital a que a declaraÁ„o disser respeito. II - Tendo os pais de um menor subscrito parte do capital de uma sociedade, em nome do menor, n„o se aplica o artigo 150 do Codigo Civil de 1867, pois os pais n„o alienaram nem hipotecaram bens dos filhos; antes pelo contrario, alienaram o que era seu, em proveito dos mesmos filhos, o que constitui doaÁ„o de coisa movel (o dinheiro) feita por escritura publica, e, portanto, valida. III - N„o ha nada na lei que proiba os menores de serem socios de sociedades anonimas e, se isso se verificar, tem de ser contados como socios, nomeadamente para efeitos do disposto no artigo 162, n. 1, do Codigo...
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