Acórdão nº 9310538 de Court of Appeal of Porto (Portugal), 12 de Julho de 1994
Magistrado Responsável | PELAYO GONÇALVES |
Data da Resolução | 12 de Julho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR REGIS NOT.
Legislação Nacional: CSC86 ART85 N3 ART166 ART3 N3. CCIV66 ART220 ART365 N1 ART36 N1 ART371 ART22 ART33. CNOT67 ART89 ART58. CRCOM86 ART3 Q ART11. CPC67 ART46 B. T ROMA ART55.
Sumário: I - Exigindo o artigo 85, n.3, do Código das Sociedades Comerciais que a alteração do contrato de sociedade deliberada nos termos dos números anteriores desse artigo seja consignada em escritura pública a não ser que a deliberação conste de acta lavrada pelo notário e não respeita a aumento de capital, tendo em conta a natureza de escritura pública que emerge dos artigos 18 do Código do Notariado, 371 do Código Civil e 46, b), do Código de Processo Civil, acrescendo que inexistem leis comunitárias sobre tal matéria, que o artigo 55 do Tratado de Roma dispõe que as regras relativas ao direito de estabelecimento e da livre prestação de serviços não se aplicam quando o serviço a exercer esteja ligado mesmo ocasionalmente ao exercício da autoridade pública e que no sistema português os notários dependem da administração pública ao contrário do inglês em...
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