Acórdão nº 064077 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1972
Magistrado Responsável | FERNANDES COSTA |
Data da Resolução | 16 de Junho de 1972 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Indicações Eventuais: P LIMA E A VARELA IN CODIGO CIVIL ANOTADO V2 PAG123. MANUEL ANDRADE IN TEORIA GERAL DAS OBRIGAÇÕES PAG34.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: CPC67 ART668 C D. CCOM888 ART168 PAR1 ART483 ART484. CCIV66 ART408 N1 N2 ART409.
Sumário : I - Tendo o acordão da Relação, dentro das coordenadas juridicas que adoptou, considerado que a transmissão onerosa da propriedade das acções nominativas so se verifica com a operação do pertence, acto pessoal do titular dessas acções, e tendo solucionado o caso a essa luz, não ha antinomia entre os fundamentos e a decisão nem omissão do juizo de pronuncia, pelo que não se verifica qualquer das nulidades contempladas nas alineas c) e d) do artigo 668 do Codigo de Processo Civil. II - A propriedade de acções nominativas objecto de um contrato de compra e venda transmite-se para o adquirente por mero efeito do contrato, não sendo exacto que a transmissão so se verifique atraves do pertence. III - Quem vende as acções nominativas assume a obrigação...
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