Acórdão nº 072681 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1985
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 05 de Junho de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR ASSOC. DIR PROC CIV.
Legislação Nacional: CCIV66 ART172 N1 ART177 ART178 N1 ART182 N2 ART268 ART280 N1 ART1433. CPC67 ART487 N2 ART516.
Sumário : I - Dispondo o artigo 178 n. 1 do Codigo Civil que a anulabilidade das deliberações da assembleia geral pode ser arguida "pelo orgão da administração ou por qualquer associado que não tenha votado a deliberação", deve entender-se que o direito de arguição da anulabilidade so e vedado a quem votou favoravelmente a deliberação. II - Constitui materia de facto, alheia a censura do Supremo Tribunal de Justiça, a conclusão, aceite no acordão recorrido, de que os autores da acção votaram contra todas as deliberações da assembleia geral em causa. III - Deve ter-se como inexistente a admissão de novos socios levada a cabo por uma chamada "Comissão Tecnica Instaladora", pois os estatutos da associação apenas prevem, como orgãos...
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