Acórdão nº 068400 de Supremo Tribunal de Justiça (Portugal), 04 de Junho de 1980 (caso NULL)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 04 de Junho de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CCIV66 ART1143. LSQ ART30 ART35. CPC67 ART21 N1 ART193 N1 N2 A ART494 N1 A ART498 N4 ART653 ART722.
Sumário : I - Segundo o disposto no artigo 21, n. 1 do Código de Processo Civil as sociedades são representadas em juízo por quem a lei designar, e o artigo 30 da L.S.Q. diz que quando a sociedade não tiver firma, mas uma denominação particular - caso dos autos - só ficará obrigada se os actos forem assinados em seu nome pela maioria dos gerentes salvo qualquer estipulação em contrário na escritura social, não obstante no pacto se exigir que para a constituição do mandato pela sociedade ser necessária a outorga de todos os sócios gerentes, embora aí se diga que a representação em juízo da sociedade pertence a todos os sócios gerentes, o que leva a concluir que qualquer deles pode representar em juízo a sociedade. II _ No caso dos autos a causa de pedir é intelegível, pois se concretiza na nulidade do contrato de mútuo celebrado entre a Autora e o Réu, por falta de forma legal de escritura pública exigida por lei - artigo 1143, do Código Civil, pois...
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