Acórdão nº 9350415 de Court of Appeal of Porto (Portugal), 28 de Setembro de 1993
Data | 28 Setembro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O ACÓRDÃO CONTÉM REFERÊNCIAS DOUTRINÁRIAS E JURISPRUDÊNCIAIS DE INTERESSE. O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART411 N3 ART412 ART433 ART373 N3 ART455 N1 ART56 N1 ART58 N1 ART2 ART456 ART57 ART72 ART46. DL 262/86 DE 1986/09/02 ART3 N1. CPC67 ART26 N1 N2 N3 ART396 N2 ART398 N1 ART399 ART401. CCIV66 ART286 ART287 N1 ART334 ART1433 N3. CCOM888 ART3 ART146 ART186.
Jurisprudência Nacional: AC STJ DE 1946/03/26 IN RLJ ANO79 PAG139. AC STJ DE 1983/06/14 IN BMJ N328 PAG593. AC STJ DE 1984/04/10 IN BMJ N336 PAG442. AC STJ DE 1987/06/02 IN BMJ N368 PAG534.
Sumário: I - Uma quantia elevada de dinheiro depositada a prazo numa instituição bancária produz anualmente um crédito elevado e a falta desse depósito provoca um prejuízo na medida do lucro não obtido - isso é um facto notório; mas já o não será o resultado da ponderação dos factores de rentabilidade que pode levar alguém a utilizar aquele capital num ou noutro fim, rendível ou não e mais ou menos, pelo que não pode considerar-se como notório o prejuízo correspondente à privação do juro de depósito a prazo. II - Para a hipótese de a lei não determinar quais são os sujeitos da relação material controvertida, a legitimidade afere-se da mera correcção do silogismo processual quanto à posição das partes em relação à causa de pedir e pedido, tal como a configura o autor na petição. III - A impugnação da licitude de um acto deliberativo da direcção de uma sociedade anónima não pelo seu conteúdo mas pelo seu fim reporta-se à nulidade da mesma e não à anulabilidade. IV - O Código das Sociedades Comerciais só se...
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