Acórdão nº 9140059 de Court of Appeal of Porto (Portugal), 16 de Dezembro de 1991
Data | 16 Dezembro 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A SENTENÇA.
Indicações Eventuais: A SECÇÃO DO TRIBUNAL RECORRIDO É A 3ª.
Área Temática: DIR PROC CIV.
Legislação Nacional: LSQ ART15 ART16 ART47 PAR1. CSC ART30 ART197 ART207. CCIV66 ART289 N1. CPC67 ART26 ART28 N1 ART1241 N4.
Sumário: I - O artigo 1241 do Código de Processo Civil, ao prescrever no seu nº 4 que as acções que prevê devem ser propostas contra o administrador da falida e respectivos credores, afirma-se pela positiva, com o sentido de que do lado passivo da relação jurídica processual se hão-de encontrar, sob pena de ilegitimidade, aqueles sujeitos processuais, sendo, porém, de afastar a sua relevância negativa, no sentido de que derroga, no âmbito desse tipo de acções, as normas gerais sobre legitimidade das partes consignadas nos artigos 26, e seguintes do mesmo Código. II - A nulidade da declaração do autor exarada em pacto social da falida, da transferência para esta, em ordem à realização da sua quota social, de todos os valores, bens e direitos de uma sociedade cujas quotas, através de vicissitudes várias, se foram reunir nas mãos do autor, implica a restituição a esta sociedade de todos estes direitos, bens e valores. III - Com essa devolução adivinham evidentes prejuízos para a massa falida e para os credores e daí que estes e o administrador tenham interesse em contradizer, sendo por isso partes legítimas. IV - Por outro lado, a transferência para a falida dos bens e direitos que, a proceder a invocada nulidade, teriam de ser devolvidos destinava-se a realizar a quota do autor na falida e, operando a nulidade retroactivamente e "ex tunc", essa quota, verificada a restituição, não se encontraria liberada, por não integralmente paga. V - Nas sociedades...
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