Acórdão nº 9750072 de Court of Appeal of Porto (Portugal), 09 de Junho de 1997
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 09 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA Área Temática: DIR COOP.
Legislação Nacional: CCOOP80 ART52 D E ART8. CSC86 ART329 N3 A.
Sumário: I - O direito comercial, nomeadamente a legislação referente a sociedades anónimas, é o direito subsidiário para a integração de lacunas e para as questões não resolvidas pelo Código Cooperativo e pela legislação complementar. II - No âmbito da transmissão de acções nas sociedades anónimas, o artigo 329 n.3 alínea a) do Código das Sociedades Comerciais, estabelece que o contrato de sociedade, sob pena de nulidade da cláusula que exija o consentimento, deve conter a fixação de prazo, não superior a 60 dias, para a sociedade se pronunciar sobre o pedido de consentimento para a transmissão de acções nominativas. III - Dispondo os Estatutos de uma Sociedade Cooperativa que a transmissão " inter vivos " das suas acções se opera por endosso...
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