Filial
| Autor | Helder Martins Leitão |
| Cargo do Autor | Advogado |
| Páginas | 124 |
Page 124
s.f. (lat. filiale).
s.c.: estabelecimento sucursal de outro.
As sucursais, agências, filiais ou delegações ou representações podem demandar ou ser demandadas, quando a acção proceda de facto por elas praticado.
Se a administração principal tiver a sede ou o domicílio em país estrangeiro, as sucursais, agências, filiais, delegações ou representações estabelecidas em Portugal podem demandar e ser demandadas, ainda que a acção derive de facto praticado por aquela, quando a obrigação tenha sido contraída com um português ou com um estrangeiro domiciliado em Portugal.
A falta de personalidade judiciária das sucursais, agências, filiais, delegações ou representações pode ser sanada mediante a intervenção da administração principal e a ratificação ou repetição do processado.
Salvo disposição especial em contrário, os patrimónios autónomos são representados pelos seus administradores e as sociedades e associações que careçam de personalidadePage 125 jurídica, bem como, as sucursais, agências, filiais, ou delegações, são representadas pelas pessoas que ajam como directores, gerentes ou administradores.
Remissões:
arts. 7.º, 8.º e 22.º C.P.C..
História:
Tal como já sucedia com idênticas disposições do C.P.C. anterior, ficou definitivamente resolvido o problema da personalidade judiciária passiva e sociedades irregulares, problema...
Para continuar a ler
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