Acórdão nº 9130694 de Court of Appeal of Porto (Portugal), 23 de Março de 1992
| Magistrado Responsável | AZEVEDO RAMOS |
| Data da Resolução | 23 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CSC86 ART6 ART24 N5 ART257 N3. CCIV66 ART69 ART353 N1 ART354 B ART361.
Sumário: I - A destituição do gerente titular de direito especial só pode operar-se por sentença judicial, não bastando que, embora exista justa causa, os sócios deliberem directamente a destituição. II - A acção é proposta pela sociedade contra o sócio- -gerente, mas deve ser precedida de deliberação dos sócios, para a qual a lei não exige maioria qualificada. III - A destituição judicial...
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