Acórdão nº 9250350 de Court of Appeal of Porto (Portugal), 11 de Junho de 1992
| Magistrado Responsável | LOPES FURTADO |
| Data da Resolução | 11 de Junho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART260 N2 N3 ART409 N1 ART257 N3 N4. CCIV66 ART269 ART406 N1 ART982 N2.
Jurisprudência Nacional: ASS DE 1961/05/26 IN BMJ N107 PAG352. ASS DE 1977/11/09 IN BMJ N271 PAG96.
Sumário: I - A cláusula do estatuto de uma sociedade comercial por quotas que confere um direito especial a certo sócio, não pode ser derrogada sem o consentimento dele. II - Mas não é necessária maioria qualificada para os sócios pedirem, por justa causa, a suspensão e destituição judicial do gerente com direito especial à gerência. III - O sócio que não possa, ou não queira, obter previamente a deliberação referida em I., pode desde logo propor contra...
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