Acórdão nº 0225024 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1991
Magistrado Responsável | DIONISIO PINHO |
Data da Resolução | 17 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: REVOGADA A DECISÃO. NEGADO PROVIMENTO.
Área Temática: DIR CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART397 N4 ART487 N1 ART489. CCIV66 ART204 N2 ART212 ART242 ART808 N1 ART1005 N3 ART334 ART1003 ART333 N2 ART303. CSC86 ART242. LSQ ART12 ART41 ART18 ART19.
Sumário: I - Pendendo em tribunal a impugnação e o pedido de suspensão de uma deliberação social a impôr aos sócios prestações suplementares é vedado, em tais condições, à sociedade deliberar a expulsão dos sócios que deduziram os pedidos de impugnação e de suspensão por esta deliberação se saldar na execução daquela e ser assim vedada nos termos do nº 4 do artigo 397 do Código de Processo Civil. II - Na vigência da Lei das Sociedades por Quotas a exclusão de sócios podia ser deliberada sem necessidade do recurso a tribunal tal como sucede com o Código das Sociedades Comerciais vigente. III - Constando do pacto de sociedade civil sob forma comercial por quotas a obrigação eventual de prestações suplementares sem restrição a quantia determinada, o regime de deliberação a fixar para tal certo montante mantém-se, ao abrigo do estatuído no corpo do artigo 18 da Lei das Sociedades por Quotas, com exclusão do preceito do parágrafo 5 do mesmo artigo e do artigo 19. E, desse modo, a sociedade não pode deliberar só a exclusão dos sócios remissos, mas tão só socorrer-se do processo consignado no artigo 18 e seus parágrafos 1 a 4. IV - A comunicação...
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