Acórdão nº 0059561 de Court of Appeal of Lisbon (Portugal), 12 de Janeiro de 1993
Magistrado Responsável | MACHADO SOARES |
Data da Resolução | 12 de Janeiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR AUTOR. DIR CIV - DIR ASSOC / DIR OBG.
Legislação Nacional: D 13725 DE 1927/05/27 ART32 ART102. CCIV867 ART32 ART37. CCIV 66 ART292 ART293.
Sumário: I - O artigo 32 do Decreto n. 13725, de 27 de Maio, de 1927, ao dispensar, em certos casos, a exigência de escritura pública para a transferência da propriedade intelectual, contentando-se com mero escrito particular, aplica-se às fundações visto estas deverem ser consideradas "associações" para aquele efeito. É que o CC de 1867 ignorava a distinção entre associações e fundações; o conceito de associações abrangia todas as pessoas morais, incluindo nestas as fundações. II - Diferentemente com o que se passa na redução do negócio jurídico, na conversão o acto ou negócio não se mantém, dando lugar a outro, isto é, o acto inicial querido pelas partes não se mantém, desaparece por ser nulo, substituindo-se por outro, cuja finalidade seja, na medida do possível, a do inicial ou desaparecido. É necessário, neste caso, que a redução corresponda à vontade conjectural das partes. Declaração de voto. A dispensa de esritura pública (exigida pelo artigo 102 do Decreto...
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