Acórdão nº 0224193 de Court of Appeal of Porto (Portugal), 25 de Janeiro de 1990
Magistrado Responsável | CARLOS MATIAS |
Data da Resolução | 25 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART193 N1 B ART498 N3 N4. CCIV66 ART286 ART294 ART405 N1 N2 ART413 ART414 ART421 N1 N2 ART423. CSC86 ART220.
Sumário: I - A ineptidão da petição inicial por contradição entre o pedido e a causa de pedir colhe a sua razão de ser na impossibilidade em que se coloca o juiz de saber com a possível previsão aquilo que o autor pretende: se a conclusão lógica dos fundamentos que invoca, que não joga com o pedido, se este, que não se configura como corolário daqueles fundamentos. II - Se os factos articulados pelo autor podem ou não, no plano da interpretação e aplicação da lei, conduzir ao efeito por ele pretendido, já não é questão de ineptidão, mas de apreciação do mérito da causa. III - Os contratos de sociedade estabelecem frequentemente um direito de preferência dos sócios e, ou, da sociedade no caso de alienação de todas ou algumas das quotas. IV - As cláusulas de preferência para a sociedade ou para os sócios incluídas em contratos de sociedade constituem conteúdo próprio do contrato de sociedade e não um facto de preferência ligado apenas materialmente ao contrato de sociedade, embora possam ter a finalidade normal dos pactos de preferência. V - A cláusula de preferência...
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