Acórdão nº 075957 de Supremo Tribunal de Justiça (Portugal), 30 de Junho de 1988
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 30 de Junho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E VARELA IN CODIGO CIVIL ANOTADO NOTA2. RODRIGUES BASTOS IN DOS CONTRATOS EM GERAL SEGUNDO O CCIV DE 1966 I PAG162.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART342 ART980. CCIV867 ART1240. CCOM888 ART104 ART230. CSC86 ART1 N2. CPC67 ART722 N2.
Jurisprudência Nacional: AC STJ DE 1977/10/13 IN BMJ N270 PAG172.
Sumário : I - Para que se possa falar de "sociedade" como conceito juridico (regular ou irregularmente constituida, civil ou comercial) e indispensavel que a respectiva formação tenha obedecido aos requisitos do artigo 980 do actual Codigo Civil (correspondente ao artigo 1240 do Codigo de Seabra). II - Esses requisitos são: a contribuição dos socios, o exercicio em comum de certa actividade economica que não seja de mera fruição, a repartição dos lucros, e ainda a "affectio societatis", ou seja, a intenção de se associar. III - Sendo esses requisitos elementos constitutivos do...
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