Acórdão nº 076438 de Supremo Tribunal de Justiça (Portugal), 18 de Maio de 1989
Magistrado Responsável | TINOCO DE ALMEIDA |
Data da Resolução | 18 de Maio de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG / DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART39 N1 N3 ART510 N2 ART690 N3. CCOM888 ART394 ART396. CCIV66 ART12 ART220 ART289 ART380 ART777 N2 ART1143 ART1148 N1. CSC86 ART2 ART243 ART245.
Jurisprudência Nacional: AC STJ DE 1969/06/11 IN BMJ N188 PAG205. AC STJ DE 1972/12/05 IN BMJ N222 PAG378. AC RL DE 1977/10/19 IN BMJ N272 PAG250.
Sumário : I - O Código das Sociedades Comerciais aprovado pelo Decreto-Lei 262/86, de 2 de Setembro, tendo entrado em vigor apenas em 1 de Novembro de 1986, sem efeito retroactivo, não se aplica a suprimentos feitos antes do início da sua vigência. Tais suprimentos eram antes considerados como empréstimos comerciais, equiparáveis ao mútuo, mesmo quanto à forma exigível. II - Sendo o Autor um sócio credor da sociedade Ré, por virtude dos suprimentos nela...
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