Acórdão nº 072438 de Supremo Tribunal de Justiça (Portugal), 18 de Abril de 1985
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 18 de Abril de 1985 |
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.
Legislação Nacional: CPC67 ART664 ART668 N1 C D. LSQ ART36 ART39 PAR3. CCIV66 ART280 N1.
Jurisprudência Nacional: AC STJ DE 1969/07/11 IN BMJ N189 PAG305.
Sumário : I - Não se verifica a nulidade da alinea c) do n. 1 do artigo 668 do Codigo de Processo Civil quando não se vislumbra em que podera ter consistido a invocada oposição entre os fundamentos e a decisão. II - Alegado que o autor ficou impossibilitado de permanecer na assembleia geral da sociedade em causa por ter sido vitima de agressão, não se verifica a nulidade da alinea d) do n. 1 do mesmo artigo 668 quanto ao acordão que concluiu no sentido de que, merce de tal agressão, ele não ficou em condições intelectuais e fisicas de permanecer na assembleia. III - Dispondo o artigo 36 da Lei das Sociedades por Quotas que as deliberações dos socios serão tomadas em assembleia geral, e da propria essencia da formação da vontade social, e portanto de natureza imperativa, que a votação seja precedida de discussão...
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