Acórdão nº 0012930 de Court of Appeal of Porto (Portugal), 23 de Julho de 1976
| Magistrado Responsável | FREDERICO BATISTA |
| Data da Resolução | 23 de Julho de 1976 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: VAZ SERRA IN RLJ ANO108 PAG170. AGOSTINHO CAEIRO IN RDES ANO15 PAG422.
Área Temática: DIR COM - SOC COM.
Legislação Nacional: CCIV66 ART956 ART986. CPC67 ART1484. L DE 1901/04/11 ART28 PAR ART39.
Jurisprudência Nacional: AC RL DE 1967/05/31 IN JR ANO13 PAG474. AC RL DE 1969/05/14 IN JR ANO15 PAG547. AC RL DE 1974/02/01 IN BMJ N234 PAG338.
Sumário: I - Só se verifica a existência de erro na forma do processo quando a forma utilizada não se amoldar ao pedido formulado, pois é este, e não a causa de pedir, que determinam a forma a empregar. II - Qualquer sócio de uma sociedade por quotas tem a faculdade de pedir em juízo a destituição do gerente da mesma - tenha ou não direito especial à gerência, haja ele sido nomeado no pacto social ou eleito posteriormente -, desde que decorra justa causa. III - As sociedades...
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