Acórdão nº 074324 de Supremo Tribunal de Justiça (Portugal), 20 de Maio de 1987
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 20 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA VARELA CCIV ANOTADO V2 1968 PAG490 PAG494. RT ANO64 PAG162.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CSC86. CCIV66 ART12 N1 ART496 ART562 ART987 N1 ART1156 ART1172 C. CCOM888 ART172 ART245. CPC67 ART511 N4 ART722 N2 ART729 N2 ART756 N2. CPC39 ART513 N3 ART722 PAR2 ART729. DL 242/85 DE 1985/07/09.
Jurisprudência Nacional: AC STJ DE 1978/05/30 IN BMJ N277 PAG284. AC STJ DE 1981/01/30 IN BMJ N303 PAG212. AC STJ DE 1979/07/10 IN BMJ N289 PAG242. AC STJ DE 1978/02/02 IN BMJ N274 PAG196. AC STJ DE 1986/06/06 IN BMJ N358 PAG435.
Sumário : I - A solução expressa no artigo 987, n. 1, do Codigo Civil, de mandar aplicar aos direitos e obrigações dos administradores das sociedades civis as normas do mandato, objectiva o principio geral da nossa ordem juridica que deve entender-se aplicavel as sociedades comerciais. II - Nos termos do artigo 172 do Codigo Comercial, o mandato dos administradores das sociedades anonimas e livremente revogavel pela assembleia geral destas. III - Porem, a revogação e a renuncia do mandato não justificadas dão causa, na falta de pena convencional, a indemnização de perdas e danos - artigo 245 do Codigo Comercial. IV - A revogação do mandato oneroso pelo mandante constitui este na obrigação de indemnizar o mandatario pelo prejuizo que este sofrer quando o mandato haja sido conferido por certo tempo, ou para determinado assunto, ou se o mandante o revogar sem a...
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