Acórdão nº 9320881 de Court of Appeal of Porto (Portugal), 29 de Novembro de 1993
Magistrado Responsável | ANTERO RIBEIRO |
Data da Resolução | 29 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL.
Legislação Nacional: CSC ART36 N1 N2 ART216 ART292. CCIV66 ART985 ART987 N1 ART393 N1 ART1101.
Jurisprudência Nacional: AC STJ DE 1984/03/08 IN BMJ N335 PAG296. AC RP DE 1978/03/16 IN CJ ANOIII T2 PAG641. AC RL DE 1977/10/06 IN CJ ANOII T4 PAG950. AC RC DE 1987/05/26 IN BMJ N367 PAG582.
Sumário: I - As relações entre os sócios de uma aparente sociedade, enquanto não celebrada a correspondente escritura pública, são aplicáveis, " ex vi " do nº 2 do artigo 36 do Código das Sociedades Comerciais, as disposições das sociedades civis, o que importa, no que respeita à administração, o regime dos artigos 985 e 987 do Código Civil, pelo que daqueles supostos sócios o gerente do estabelecimento da prevista sociedade está sujeita a prestar contas correspondentes. II - À exigência de tal obrigação corresponde o processo especial de prestação de contas e não o inquérito judicial previsto no artigo 216 do Código das Sociedades Comerciais que tão só se reporta às sociedades legalmente constituídas e...
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