Acórdão nº 061501 de Supremo Tribunal Administrativo (Portugal), 13 de Janeiro de 1967 (caso None)
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 13 de Janeiro de 1967 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR CONTRAT.
LegislaÁ„o Nacional: CCIV867 ART705 ART706 ART707 ART1548 ART2364. CPC61 ART488 ART657 ART729.
Sum·rio : I - Tendo o socio de uma sociedade ajustado que cederia a sua quota a outrem, mas provando-se que a importancia entregue por este ultimo aquele representa exclusivamente o pagamento de valores sociais existentes na sociedade, sem nada ter sido pago do preÁo da cess„o, malogrou-se a causa de pedir invocada nos termos do artigo 1548 do Codigo Civil, n„o tendo, portanto, o referido socio faltado ao cumprimento do alegado contrato de promessa de cess„o de quota. II - A jurisprudencia dominante do Supremo e a doutrina so contemplam a invocaÁ„o do exercicio do principio juridico do n„o locupletamento a custa alheia quando a situaÁ„o juridica n„o esteja abrangida por qualquer preceito expresso. III - N„o obstante a deficiencia do acord„o recorrido - que alias n„o foi impugnada - em ter utilizado apenas os factos que reputou provados, a margem, portanto, da moldura juridica, compete ao Supremo, nos...
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