Acórdão nº 0124506 de Court of Appeal of Porto (Portugal), 07 de Março de 1991
Magistrado Responsável | DIONISIO DE PINHO |
Data da Resolução | 07 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - REGISTOS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART333 N2 ART303. CPC67 ART474 N1. CPI40 ART161 N3 ART162. DL 425/83 DE 1983/12/06 ART2 N1 N2 N3 ART3 N1 N2 ART4 N1 ART11. DL 42/89 DE 1989/02/03 ART1 ART2 N2 N5 ART2 N3 N7. CSC86 ART10 N5 N6.
Jurisprudência Nacional: AC STJ DE 1961/07/11 IN BMJ N109 PAG676. AC STJ DE 1959/06/30 IN BMJ N88 PAG335.
Sumário: A caducidade do registo do nome de estabelecimento comercial cuja identidade com componente de denominação social alheia e invocada pela sociedade dona do estabelecimento não e do conhecimento oficioso do tribunal e deve ser alegada e provada por quem a invoca, não cabendo a sociedade dona do estabelecimento e que reagiu contra o registo de denominação social alegadamente identica a sua a prova da não caducidade do registo do nome do seu estabelecimento, como resulta do disposto nos artigos 333.2 e 303, do CCiv., e 474.1, c), do C.P.C.. A caducidade do registo do nome de estabelecimento tem de ser declarada nos termos dos artigos 161.3 e 162 paragrafo 2 do Cod. Prop. Ind. O...
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