Acórdão nº 9630843 de Court of Appeal of Porto (Portugal), 07 de Novembro de 1996
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 07 de Novembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CSC86 ART257 N4. CPC67 ART399 ART401.
Jurisprudência Nacional: AC RP DE 1993/01/25 IN CJ T1 ANOXVIII PAG213. AC RE DE 1993/06/17 IN CJ T3 ANOXVIII PAG286. AC RP DE 1994/10/11 IN CJ T4 ANOXIX PAG206. AC RC DE 1995/06/27 IN CJ T3 ANOXX PAG51.
Sumário: I - Numa sociedade com dois sócios pode qualquer deles, como preliminar da acção de destituição, requerer contra o outro providência cautelar inominada para suspensão do exercício da gerência. II - Estando provado que o requerido não só vem impedindo, desde Fevereiro de 1994, que a requerente exerça quaisquer actos de gerência, como nem sequer a autoriza a permanecer nas instalações da sociedade; que falsificou a acta da assembleia pretensamente realizada em 31 de Março de 1995, dando como presente e com participação activa a requerente, o que não aconteceu; que falsificou...
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