Acórdão nº 071976 de Supremo Tribunal de Justiça (Portugal), 08 de Janeiro de 1985
| Magistrado Responsável | JOAQUIM FIGUEIREDO |
| Data da Resolução | 08 de Janeiro de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C. CCIV867 ART672 ART1276 N5 ART1278 ART1279. CCIV66 ART1002 N3 ART1006 ART1008 ART1021. LSQ ART41 PAR3.
Jurisprudência Nacional: AC STJ DE 1978/06/06 IN BMJ N278 PAG246. AC STJ DE 1979/11/08 IN BMJ N291 PAG513.
Sumário : I - A interpretação dos estatutos sociais de uma sociedade por quotas, sendo de natureza objectiva, integra matéria de direito cuja apreciação cabe na esfera de competência do Supremo Tribunal de Justiça. II - As normas do Código Civil de 1867 (designadamente as dos artigos 1276, 1278 e 1279) e da Lei das Sociedades por Quotas, de 11 de Abril de 1901 (artigo 41 e paragráfo 3), em vigor ao tempo da constituição de certa sociedade cujo pacto social ficou constando de escritura de 9 de Janeiro de 1959, não impediam a validade de claúsula permitindo que algum dos sócios...
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