Acórdão nº 9520260 de Court of Appeal of Porto (Portugal), 05 de Dezembro de 1995
| Magistrado Responsável | MARIO CRUZ |
| Data da Resolução | 05 de Dezembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART397.
Sumário: I - A nulidade cominada pelo artigo 397 do Código das Sociedades Comerciais para os negócios celebrados pelos directores das sociedades anónimas com a sociedade cuja gerência lhes estiver confiada é ditada por razões de transparência e de defesa dos interesses da sociedade. II - As "vantagens especiais" para o contraente administrador, cuja falta exclui aquela nulidade, são todas aquelas que se afastem das vantagens normais na forma legítima de negociar, fazendo entrar directamente no património do administrador, no todo ou em parte, aquilo que seria dirigido à sociedade. III - Ocorrem tais "vantagens...
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