Acórdão nº 074810 de Supremo Tribunal de Justiça (Portugal), 08 de Abril de 1987
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 08 de Abril de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: P FURTADO COD COM ANOT VI PAG246. F CORREIA LIÇ VII 1968 PAG273 E SOC FICTICIA UNIP PAG145.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCOM888 ART107 ART114. LSQ ART61. CCIV67 ART378 ART980 ART983 N2 ART992 N1. CPC67 ART1122.
Sumário : I - Para que uma sociedade se possa qualificar de irregular tem que se estar perante uma figura associativa que seja uma sociedade, que tenha um fim comercial e que se verifique vicio de forma - falta de escritura publica, omissão no documento das menções que, segundo o artigo 114 do Codigo Comercial e artigo 61 da Lei das Sociedades por Quotas, devem ser consideradas essenciais, a falta do registo do titulo constitutivo e da sua matricula e das publicações estatutarias. II - Provando-se que duas pessoas acordaram constituir entre elas uma sociedade com fim comercial, tendo por objecto a exploração de um estabelecimento e que, nesse sentido, diligenciaram a sua...
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