Acórdão nº 067445 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1978
| Magistrado Responsável | ALVES PINTO |
| Data da Resolução | 14 de Dezembro de 1978 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ A103 P522. RDES ELEMENTOS ATENDIVEIS NA INTERPRETAÇÃO DAS CLAUS ESTATUT A17 P50. F CORREIA ESTUDOS JURIDIDOS V2 P70 P96.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART664 ART668 N1 D. DL 49381 DE 1969/11/15 ART20 N3 ART49. LSQ ART38 PAR3 ART41.
Jurisprudência Nacional: ASS STJ DE 1977/11/09 IN BMJ N271 PAG96. AC STJ DE 1973/01/13 IN BMJ N223 PAG240. AC STJ DE 1974/12/20 IN BMJ N242 PAG322. ASS STJ DE 1961/05/26 IN BMJ N106 PAG352. AC STJ DE 1956/04/01 IN BMJ N58 PAG433. AC STJ DE 1974/07/14 IN BMJ N239 PAG230.
Sumário : I - Alegando-se que a clausula de nomeação do gerente de uma sociedade por quotas no pacto social foi essencial a constituição desta, não ha violação do artigo 664 do Codigo de Processo Civil por invocação de uma nova causa de pedir, quando se investigue, sobre factos articulados, se da natureza constitutiva daquela clausula resulta um direito especial do nomeado a gerencia. II - Para efeito de aplicação do assento...
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