Acórdão nº 0066211 de Court of Appeal of Lisbon (Portugal), 28 de Setembro de 1993
| Magistrado Responsável | FERREIRA PASCOAL |
| Data da Resolução | 28 de Setembro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART595 N2 ART857 ART858 ART859. LULL ART43 ART77 ART78. CPC67 ART486 N3.
Jurisprudência Nacional: AC RP DE 1983/06/07 IN BMJ N328 PAG639.
Sumário: I - Tendo ocorrido uma cessão de quotas de dada sociedade comercial cujos primitivos sócios e respectivos cônjuges haviam garantido o cumprimento de determinada obrigação como principais pagadores, cessão essa homologada pelo credor, a transmissão das responsabilidades para os novos sócios só exonera os anteriores devedores se houver declaração expressa do credor nesse sentido. Na falta desta declaração, o credor pode instaurar execuções tanto contra...
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