Acórdão nº 5356/07.1TVLSB.L1-8 de Court of Appeal of Lisbon (Portugal), 04 de Fevereiro de 2010
Data | 04 Fevereiro 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERAR A DECISÃO Sumário: 1 - O pedido subsidiário é formulado somente para a hipótese do tribunal não acolher o pedido principal.
2 - Nos pedidos subsidiários a alternativa é meramente formal, aparente, não existe alternativa porquanto falta a característica essencial da obrigação alternativa.
3 - Tendo o tribunal apreciado o pedido principal e concluído pela procedência parcial do mesmo, prejudicada fica a apreciação do pedido subsidiário.
4 - O contrato de suprimento – arts. 243 a 245 CCom – é um contrato típico nominado, que se revela como uma modalidade especial de mútuo caracterizado pelo facto da mutuária ser uma sociedade, o mutuante sócio da mesma e o empréstimo ter carácter de permanência.
5 – O contrato de suprimento apresenta-se como um meio contratual especial de financiamento da sociedade pelos sócios e não exige forma especial.
6 – No acordo de suprimentos há que demonstrar a intenção de...
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