Acórdão nº 0006831 de Court of Appeal of Lisbon (Portugal), 11 de Maio de 1977
Magistrado Responsável | COSTA AROSO |
Data da Resolução | 11 de Maio de 1977 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: ALBERTO DOS REIS IN COMENTÁRIO V3 PAG148. FERRER CORREIA IN LIÇÕES DE DIREITO COMERCIAL V3 PAG247 RDES ANO5 PAG88.
Área Temática: DIR PROC CIV. DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG.
Sumário: I - Há cumulação aparente de pedidos quando, embora o autor tenha de formular várias pretensões correspondentes a vários estádios jurídicos da tutela do seu interesse, a utilidade económica imediata derivada da procedência do pedido é uma só. Na cumulação aparente de pedidos não se pode opôr a diversidade da forma de processos aplicáveis. II - É válida a cláusula constante do pacto de uma sociedade comercial, pelo qual essa sociedade se dissolve pelo falecimento de um sócio, tendo os seus herdeiros apenas direito à conta do capital que resultar do último balanço geral e, quanto a ganhos a uma percentagem proporcionalmente igual aos que tiver havido no anterior ano social e correspondente ao tempo decorrido depois do último balanço. A expressão "ganhos" no seu sentido vulgar e lexicológico abrange os chamados "fundos de reserva". III - A transmissão dos haveres sociais para o sócio sobrevivo ofende o princípio da não possibilidade de se transmitirem por acto "inter vivos" as dívidas da sociedade sem consentimento dos credores; não afecta, porém, directamente a validade...
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