Acórdão nº 0122219 de Court of Appeal of Porto (Portugal), 28 de Novembro de 1991
Magistrado Responsável | VICTOR BRITES |
Data da Resolução | 28 de Novembro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART12. LSQ ART46 PAR5. CCOM888 ART149 ART190. DL 49381 DE 1969/11/15 ART19 N3 ART29 ART47 N3. CPC67 ART1410 ART1479 ART1484.
Jurisprudência Nacional: AC RP DE 1988/01/21 IN CJ ANO1988 T1 PAG194.
Sumário: I - Tendo os inqueritos judiciais previstos no artigo 46, paragrafo 5 da Lei das Sociedades por Quotas e no artigo 29 do Decreto-Lei n. 49381, de 15/11/1969, a mesma finalidade e função, ha que dar prevalencia a este ultimo, entendendo-se revogado aquele preceito da Lei das Sociedades por Quotas. II - Embora o inquerito aos autos não fosse requerido nos termos daquele Decreto-Lei, não seria isso razão para denega-lo, visto que, por um lado, a materia alegada caracteriza a suspeita de graves irregularidades e, por outro lado, sendo certo embora que a acção não foi dirigida, formalmente, contra os gerentes, não e menos certo que, para alem destes e dos requerentes, não ha outros socios, sendo a procuração, em nome da sociedade, passada por ambos os gerentes ao seu mandatario judicial, tudo se passando, pois, como se tivessem sido requeridos os dois socios gerentes, tanto mais que não podera nunca dizer-se...
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