Acórdão nº 0045651 de Court of Appeal of Lisbon (Portugal), 28 de Maio de 1991
Magistrado Responsável | SOUSA INES |
Data da Resolução | 28 de Maio de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: RAÚL VENTURA DISSOLUÇÃO E LIQUIDAÇÃO DE SOCIEDADES PAG470.
Área Temática: DIR CIV - DIR RESP CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART664. CSC86 ART146 N2 ART151 N1 ART154 N3 ART160 ART162 ART163 N1 ART197 N3. CCIV66 ART2071.
Sumário: I - As provas pruduzidas para efeitos de cessão do benefício de apoio judiciário e as conclusões, nomeadamente factuais, a que se chegue não podem ser tomadas em consideração na causa para a qual o apoio foi concedido. Na causa só podem ser considerados os factos alegados nos articulados próprios da acção, só esses sendo objecto de discussão e apuramento - art. 664, do Código de Processo Civil. II - A sociedade comercial só se considera extinta depois do encerramento da liquidação. Se os dois únicos sócios da sociedade eram também os seus gerentes, a eles cabe a representação da sociedade em liquidação. Se, entretanto, já se procedeu à liquidação da sociedade (e se tal aconteceu deveria ter-se prestado caução em obediência ao disposto no art. 154, n. 3 do Código das Sociedades Comerciais), bem como à partilha do seu activo, com a consequente extinção da sociedade, então a posição jurídica dos antigos sócios passou a ser a de sucessores da sociedade. III - A liquidação e partilha da sociedade a que eventualmente se haja procedido (e também a afirmação na escritura de dissolução de que não há activo ou passivo a liquidar) são "res inter alios acta" que não vinculam os credores. IV - Antes da extinção da sociedade de...
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