Acórdão nº 072145 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1985
Data | 30 Janeiro 1985 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RLJ ANO103 PAG211 ANOT PROF VAZ SERRA DO AC STJ DE 1969/03/04.
Área Temática: DIR CIV - TEORIA GERAL. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART220 ART236 N1 ART238 N1 ART279 ART294. CCOM888 ART116 ART145 ART256 PARUNICO. LSQ ART26 ART27 ART28 ART37 PAR2 PAR3 ART38 PAR 1 ART41 ART46. CNOT67 ART89. CPC67 ART684 N3 N4 ART722 N2 ART729 N2 ART1486.
Jurisprudência Nacional: AC STJ DE 1969/03/04 IN RLJ ANO103 PAG211.
Sumário : I - O Supremo Tribunal de Justiça so pode interpretar as clausulas do pacto social dentro dos principios insitos nos artigos 236, n. 1 e 238, n. 1 do Codigo Civil - com o sentido que um declaratario normal, colocado na posição do real declaratario, poderia deduzir do comportamento do declarante, tendo a necessaria correspondencia no texto da respectiva clausula -, visto a vontade real dos declarantes constituir materia de facto, vedada a sua competencia (artigo 722, n. 2, do Codigo de Processo Civil). II - A nomeação de gerentes não socios e a delegação de poderes de gerencia em pessoas estranhas a sociedade são realidades distintas e de gravames diferentes, pelo que se impõe um tratamento proprio e...
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