Acórdão nº 2825/08.0TJLSB.L1-2 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | EZAGÜY MARTINS |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: I-Nada obsta a que nas “entradas” dos sócios para as sociedades civis puras se incluam bens imóveis.
II- Embora a lei apenas comine a anulabilidade – do contrato de sociedade, na hipótese de inobservância da forma “exigida pela natureza dos bens com que os sócios entram para a sociedade”, trata-se aí de nulidade.
III- A conversão do negócio instituidor da sociedade, de modo que à sociedade fique o simples uso e fruição do imóvel que se pretendeu constituir a “entrada” do sócio, pressupõe a manutenção dos requisitos essenciais de forma, por um lado, e o respeito pela vontade hipotética das partes...
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