Acórdão nº 070445 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1982
Magistrado Responsável | CORTE REAL |
Data da Resolução | 14 de Dezembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART236 N1 ART238. LSQ ART28 PARÚNICO ART41.
Jurisprudência Nacional: ASS STJ DE 1961/05/26 IN DG IS 1961/06/23. AC STJ DE 1969/05/25 IN RLJ ANO103 PÁG281. AC STJ DE 1976/04/06 IN BMJ N256 PÁG128. AC STJ DE 1976/05/18 IN RLJ ANO110 PÁG199. AC STJ DE 1978/06/06 IN BMJ N278 PÁG246. AC STJ DE 1979/10/30 IN BMJ N290 PÁG434.
Sumário : I - Há alteração do pacto, quando, embora se mantenha a necessidade das assinaturas de dois gerentes para representar e obrigar a sociedade, no entanto se alterou quanto aos titulares dessas assinaturas: no pacto, as dos gerentes Santos e Nunes; na deliberação, as deste último e de qualquer outro gerente. II - O facto de essa modificação ser uma consequência da destituição de gerência do Autor, não deixa de ser uma alteração do pacto e não afecta o princípio da livre revogabilidade da gerência; só exige uma maioria de três quartos. III - Na interpretação do pacto social deve-se procurar o sentido objectivo da declaração...
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