Acórdão nº 0408829 de Court of Appeal of Porto (Portugal), 01 de Março de 1990
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 01 de Março de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART251 N1 ART56 N1 ART58 N1 A. CCIV66 ART334.
Sumário: I - Para se concluir que o voto é proibido, não é preciso averiguar se da deliberação respectiva decorre um real prejuízo para a sociedade. O que importa é a mera possibilidade desse prejuízo, inerente ao conflito de interesses. II - Reportando-se as deliberações à aquisição pela sociedade de quotas de um sócio, isto é o bastante para que esse sócio não pudesse votar porque, sendo uma das partes no contrato oneroso de alienação, tinha naturalmente um interesse oposto ao da sociedade. III - Assente que as deliberações visavam apenas satisfazer interesses particulares de dois sócios, é claro que em relação a ambos ocorria a situação de conflito de interesses com a sociedade. IV - Daí o não poderem intervir nas deliberações sociais; no entanto, como intervieram na votação das...
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