Acórdão nº 063813 de Supremo Tribunal de Justiça (Portugal), 21 de Abril de 1972
Magistrado Responsável | LUDOVICO DA COSTA |
Data da Resolução | 21 de Abril de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CUNHA GONÇALVES IN TRATADO VOLI PAG430. TITO ABRANTES IN ABUSO DO DIREITO PAG56. ALBERTO PIMENTA SUSPENSÃO ANULAÇÃO DEL. SOC. PAG88.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART200 ART294 ART295 ART334. CCIV867 ART10 PARUNICO ART1364. CCOM888 ART146 ART157 ART177 ART190 ART192 ART248 ART250. CPC67 ART26 N3.
Jurisprudência Nacional: AC STJ DE 1968/04/19 IN BMJ N176 PAG199. AC STJ DE 1969/04/11 IN BMJ N186 PAG236.
Sumário : I - Quer no dominio do Codigo Civil de 1867, quer na concepção objectivista consagrada no artigo 334 do Codigo Civil actual, um acto e abusivo quando praticado com intuito diverso do fim social ou economico do respectivo direito. II - Toda a evolução tem sido no sentido de equiparar o abuso a violação directa da lei para a sujeitar ao regime estabelecido para esta. III - O artigo 146 do Codigo Comercial, como lei especial que e, não foi revogado pelo novo Codigo Civil. IV - O principio da soberania das assembleias gerais das sociedades...
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