Acórdão nº 062260 de Supremo Tribunal de Justiça (Portugal), 22 de Março de 1968 (caso NULL)
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 22 de Março de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR REGIS NOT. DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG.
LegislaÁ„o Nacional: CPC61 ART65 N1 B D ART103 N2 ART498 N4. CCIV867 ART671 ART785 ART789 ART793 ART794 ART1271. CCOMM888 ART3 ART161. CNOT60 ART88 B. LSQ ART6. CCIV66 ART426 ART427. DL 42644 DE 1959/11/14 ART2 D ART19. CRP67 ART12 ART127 N1. DL 47611 DE 1967/03/28.
Sum·rio : I - Pedindo-se numa acÁ„o a anulaÁ„o da cess„o da quota social ou da posiÁ„o social numa sociedade em nome colectivo, a causa de pedir e constituida pelos vicios que a autora imputa ao respectivo contrato, ou seja, falta de especificaÁ„o do preÁo e falta de escritura publica. II - Se esse contrato foi celebrado em territorio portugues, n„o existe a competencia internacional dos tribunais portugueses, prevista na alinea b) do n. 1 do artigo 65 do Codigo de Processo Civil. III - E juridicamente valida a cess„o da quota social ou da posiÁ„o contratual numa sociedade em nome colectivo, ainda que celebrada sem o consentimento dos outros socios, visto que esta autorizaÁ„o n„o constitui elemento intrinseco, imprescindivel a...
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