Acórdão nº 062309 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1968 (caso NULL)
Magistrado Responsável | ACACIO CARVALHO |
Data da Resolução | 31 de Outubro de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COM. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART273 ART653 ART664 ART721 N2 ART722 N2. CCOM888 ART396. CCIV66 ART686 ART697 PAR2 ART1534.
Sumário : I - Os suprimentos feitos pelos socios para o giro comercial da sociedade, podendo ser classificados de emprestimos mercantis, ficam sujeitos a disciplina do artigo 396 do Codigo Comercial, sendo licito demonstrar-se a sua existencia por qualquer meio de prova. II - E nulo, por força do disposto nos artigos 1534 e 686 do Codigo Civil, o contrato, não titulado, pelo qual uma sociedade reconheceu dever a autora a quantia de 780000 escudos, que a mãe desta entregara, como suprimentos, e se obrigou a pagar-lhe determinado juro por esse capital. III - Rescindido tal contrato, cada um dos contraentes e obrigado, nos termos do artigo 697 do Codigo Civil, a restituir o que houver recebido. IV - O tribunal não esta sujeito as obrigações das partes no que respeita a interpretação e aplicação das regras de direito, pelo que respeitando os factos apurados a qualificação juridica cabe, com...
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