Acórdão nº 071292 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1984 (caso NULL)
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 04 de Dezembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART511 N4 ART664 ART722 N2 ART728 N3 ART729 N2. CCOM888 ART150. LSQ ART25 ART35 ART42.
Sum·rio : I - Dispondo o pacto social duma sociedade por quotas que "sera amortizada a quota do socio que falecer ou for interdito, bem como a do socio que se pretenda afastar da sociedade (...)" e que "fica assim entendido que dado o falecimento ou interdiÁ„o de algum dos socios, ao sobrevivo ou n„o interdito pertencera todo o activo da sociedade, com a correlativa obrigaÁ„o do passivo", deve concluir-se que n„o se trata duma pura clausula de amortizaÁ„o, mas sim duma clausula de conservaÁ„o, estabilizaÁ„o ou continuaÁ„o. II - O facto de a sociedade, por forÁa da clausula de conservaÁ„o, poder ficar reduzida a um unico socio, n„o torna nula tal clausula, embora possa conduzir a dissoluÁ„o da sociedade. III - Interpretado o pacto social nos termos expendidos...
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