Acórdão nº 9220563 de Court of Appeal of Porto (Portugal), 04 de Novembro de 1993
Magistrado Responsável | VICTOR BRITES |
Data da Resolução | 04 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART13 ART222 ART394 ART1145 N1. CSC86 ART243 N6. CCOM888 ART395 ART396.
Jurisprudência Nacional: AC STJ DE 1985/04/11 IN BMJ N346 PAG257. AC RP DE 1984/12/13 IN CJ ANOIX T5 PAG269. AC RC DE 1992/11/10 IN CJ ANOXVII T5 PAG43.
Sumário: I - O contrato de suprimento é uma figura jurídica instituída pelo Código das Sociedades Comerciais, antes, porém, já a doutrina e jurisprudência reconheciam a sua existência como contrato inominado, que se regia pelas normas do mútuo, aplicando-se-lhes a respectiva forma. Todavia, outros entendiam que, no domínio da prova, os suprimento se podiam provar pela escrita social da sociedade. II - O nº 6 do artigo 243 do Código das Sociedades Comerciais, segundo o qual não depende de forma especial a validade do contrato de suprimento, tem natureza interpretativa, pelo que é de aplicação imediata nos termos do artigo 13 do Código Civil. III - Um suprimento constante de documento particular devidamente...
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