Acórdão nº 9851013 de Court of Appeal of Porto (Portugal), 02 de Novembro de 1998
Magistrado Responsável | SIMÕES FREIRE |
Data da Resolução | 02 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART342. CSC89 ART257 N6 ART257 N7.
Jurisprudência Nacional: AC STJ DE 1992/06/23 IN BMJ N418 PAG793. AC STJ PROC9610670 DE 1997/02/25. AC RP PROC9751139 DE 1998/03/02. AC RP PROC9850268 DE 1998/05/04.
Sumário: I - Não definindo a lei comercial " justa causa " de destituição de gerente, perante o contido no n.6 do artigo 257 do Código das Sociedades Comerciais, pode dizer-se que a " justa causa " aí referida tem um carácter especial, consubstanciando uma quebra de confiança, por razões justificadas, entre a sociedade, representada pela assembleia geral, e o gerente. II - Nos termos do artigo 257 n.7 do Código das Sociedades Comerciais, o gerente destituído sem justa causa tem direito a ser indemnizado. III - Ao referir-se o artigo à destituição sem justa causa, reporta-se ao que consta no n.6, sendo seu complemento, significando que o gerente destituído sem justa causa não tem direito a ser indemnizado. IV - Por isso, o...
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