Acórdão nº 086206 de Supremo Tribunal de Justiça (Portugal), 23 de Março de 1995
| Magistrado Responsável | SOUSA INES |
| Data da Resolução | 23 de Março de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART414 ART421 ART423 ART995 N1. LSQ ART2 ART6 PAR3. CCOM888 ART49 N1 ART161. CRS59 ART3 E ART11 N1. CPC67 ART721 N2. CSC86 ART228.
Sumário : I - O artigo 6 da L.S.Q. estabeleceu como regra a transmissibilidade das quotas sociais nos termos gerais de direito, mas logo o parágrafo 3. admitiu que no pacto social se pudesse fazer depender a cessão de quotas do consentimento da sociedade ou de outros requisitos. II - Mas, se é assim, este direito de preferência não é uma preferência legal, mas uma preferência convencional, à qual não é aplicável o artigo 995 do Código Civil, válido para as sociedades civis mas não para as sociedades por quotas. III - O pacto de preferência só vale "erga omnes"...
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