Acórdão nº 9630196 de Court of Appeal of Porto (Portugal), 03 de Outubro de 1996
Magistrado Responsável | CAMILO CAMILO |
Data da Resolução | 03 de Outubro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: DL 42/89 DE 1989/02/03 ART1 N1 ART2 N1 N2 N5 ART8 N2. CSC86 ART9 N1 C ART10 N3 N5.
Jurisprudência Nacional: AC STJ DE 1995/06/14 IN CJSTJ T2 ANOIII PAG129.
Sumário: I - Do contrato de qualquer tipo de sociedade comercial deve constar, entre outros elementos, a firma da sociedade. II - A firma da sociedade constituída por denominação particular não pode ser idêntica à firma registada de outra sociedade, ou por tal forma semelhante que possa induzir em erro, e deve dar a conhecer, quanto possível, o objecto da sociedade. III - No juízo sobre a distinção e a insusceptibilidade de confusão ou erro, devem ser considerados o tipo de pessoa, o seu domicílio ou sede e, bem assim, a afinidade ou proximidade das actividades exercidas ou a exercer e o âmbito territorial destas. IV - Consagra, assim, a nossa lei, os princípios da verdade e da exclusividade, que dominam o...
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