Acórdão nº 9450513 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1994
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 11 de Outubro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DO ANO DE 1994.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART384 N1 ART2 ART3 ART399 ART400 N1 ART401 N1 ART749 ART712 ART405 ART406. CSC86 ART257 N2 N4 N5 N6.
Jurisprudência Nacional: AC RL DE 1991/10/03 IN CJ T4 ANOXVI PAG182. AC RP DE 1993/01/25 IN CJ T1 ANOXVIII PAG213. AC RP DE 1992/03/16 IN CJ T2 ANOXVII PAG214. AC RE DE 1981/10/15 IN BMJ N310 PAG244. AC RP DE 1991/06/11 IN CJ T3 ANOXVI PAG254.
Sumário: I - O requerente de um procedimento cautelar não carece de identificar a acção que visa instaurar se o procedimento for requerido como preliminar. II - O que verdadeiramente importa é que, à face do requerimento, se detecte a aparência de um direito em relação ao qual a providência surja como antecipação e preparação de uma decisão ulterior. III - É unânime a jurisprudência no sentido de que a acção de destituição do sócio-gerente de uma sociedade de dois sócios apenas deve ser dirigida contra o sócio destituendo. IV - Cautelarmente pode o sócio, por si só, pedir que os poderes de gerência que ambos detinham só a ele sejam, provisoriamente, confiados. V - Na falta de procedimento cautelar...
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