Acórdão nº 0030256 de Court of Appeal of Lisbon (Portugal), 03 de Outubro de 1991
Magistrado Responsável | SILVA SALAZAR |
Data da Resolução | 03 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: LSQ ART27 PARUNICO ART28 ART35 ART39 PAR1 PAR3 ART41. CCIV66 ART157 ART342 N1 ART982 N2 ART986 N1. CPC67 ART2 ART516. DL 47334 DE 1966/11/25 ART3. CCOM888 ART3.
Jurisprudência Nacional: ASS STJ DE 1977/11/09 IN BMJ N271 PAG96. AC RL DE 1976/01/30 IN CJ ANOI T1 PAG221. AC RC DE 1982/10/19 IN CJ ANOVII T4 PAG65. AC RL DE 1984/04/12 IN CJ ANOIX T2 PAG132.
Sumário: I - O disposto no artigo 986 n. 1 do Código Civil não é aplicável às sociedades comerciais. II - No domínio da Lei das Sociedades por Quotas, o gerente desta pode ser destituído por maioria simples dos votos correspondentes ao capital social, ainda que nomeado no pacto social (desde que a nomeação não importe concessão de um direito especial) e apenas sejam dois os sócios, ambos com quotas iguais. III - O recurso à via judicial só se justifica, não sendo possivel a resolução do problema em assembleia judicial, para se determinar se havia...
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