Acórdão nº 085425 de Supremo Tribunal de Justiça (Portugal), 10 de Maio de 1994 (caso NULL)
Magistrado Responsável | PEREIRA CARDIGOS |
Data da Resolução | 10 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART276 N1 A N3 ART284 N1 A ART722 N2 ART729 N2. CSC86 ART146 N1 N2 ART160 N2 ART162 N1 N2 ART163 N2 N4 N5 ART164 N2 N5 ART287 E.
Sumário : I - Decorre do preceituado no n. 2 do artigo 146 do Código das Sociedades Comerciais que a liquidação constitui consequência imediata da dissolução da sociedade, mas esta, segundo o n. 2 do artigo 160 do mesmo diploma legal, só pode considerar-se extinta após o registo do encerramento daquela fase e sem prejuízo do disposto nos artigos 162 e 164 do citado Código. II - Segundo o n. 1 do artigo 146 atrás referido, as acções em que a sociedade seja parte contínuam após a extinção desta intervindo em sua substituição a generalidade dos sócios, representados pelos liquidatários, nos termos dos artigos 163, n. 2, n. 4 e n. 5 e 164, ns. 2 e 5, também Código das Sociedades Comerciais. III - A morte ou a extinção de uma das partes não determina a extinção da instância, mas apenas a sua suspensão - artigo 276, n. 1, alínea a) do Código de Processo Civil - a não ser que se torne impossível ou inútil a continuação da lide (n. 3 do mesmo artigo). IV - Nos termos da alínea a) do n.1 do artigo 284...
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