Acórdão nº 0074912 de Court of Appeal of Lisbon (Portugal), 28 de Outubro de 1993
Magistrado Responsável | FERREIRA GIRÃO |
Data da Resolução | 28 de Outubro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O PROCESSADO.
Área Temática: DIR PROC CIV - RECURSOS / PROC ESP.
Legislação Nacional: CPC67 ART199 ART202 ART206 ART288 N1 B ART300 ART460 N2 ART660 N2 ART676 ART677 ART684 N3 ART690 N1 ART713 N2 ART1484. CCIV66 ART986. CSC86 ART257 N5.
Jurisprudência Nacional: AC STJ DE 1965/07/27 IN BMJ N149 PAG297. AC STJ DE 1993/01/21 IN CJ ANOI T1 PAG71. AC RE DE 1987/07/29 IN CJ ANOXII T4 PAG289.
Sumário: A regra de que o objecto dos recursos é delimitado pelas respectivas conclusões e de que eles visam modificar as decisões recorridas, e não a criar decisões sobre matéria nova, só é exacta no domínio das questões disponíveis, cedendo quando se trate de questões a que a lei impõe o conhecimento oficioso. O Código das Sociedades Comerciais prevê a destituição de gerente de sociedade por quotas com dois sócios, com fundamento em justa causa...
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