Acórdão nº 080902 de Supremo Tribunal de Justiça (Portugal), 09 de Junho de 1992
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 09 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART396. CSC86 ART24 ART257 N1 N2 N3 N4. DL 262/86 DE 1986/09/02. CCOM888 ART114 N6. LSQ ART2 ART62. CCIV66 ART982 N2.
Sumário : I - O procedimento cautelar de suspensão de deliberação social exige a prova dos dois requisitos considerados no artigo 396 do Código de Processo Civil : deliberação contrária á lei, aos estatutos ou ao contrato e a sua execução poder causar dano apreciável. II - O artigo 24 do Código das Sociedades Comerciais autoriza que, por estipulação no contrato de sociedade, se criem direitos especiais dos sócios. III - Os ns. 1 e 2 do artigo 257 do mesmo código dispõem que os sócios das sociedades por quotas podem deliberar a todo o tempo, por maioria, a destituição dos gerentes, se o contrato não impuser outros requisitos especiais. IV - Segundo os ns. 3 e 4 daquele artigo, se o sócio tiver um direito especial á gerência, só poderá ser destituido depois de os sócios deliberarem que a sociedade requeira a suspensão e destituição judicial do...
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