The draft Commercial Companies Code by Professor

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This definition was severely criticized for having stated that commercial companies have a contractual basis . No one is unaware that there is a heated doctrinal discussion surrounding the generating acts, if not of all, at least of some commercial companies, such as, for example, the anonymous ones. The GUDESTEU PIRES project avoided using the word contract, which was repeatedly used in decree no. 434, of 1891.

The legislator should not classify the legal act in this or that category unless there is no doctrinal doubt, or, even if it exists, it does not hinder the application of the law to the cases that arise.

It is practically impossible to apply the general rules bulk sms hong kong governing contracts and their execution to public limited companies.

CARVALHO DE MENDONÇA's lesson is categorical in this regard.

It then considers the requirements of the articles of association , establishing that the existence of the legal entity begins with the filing of the contract. However, it requires, in addition to filing, the registration of the company with the Commercial Board.

It establishes the rights and obligations of partners, the obligations of companies towards third parties, declaring, in art. 31 , that the partner who, without the express consent of the others, applies the shares or social effects in business on his own account, may be excluded from the company.