Acórdão nº 98S268 de Supremo Tribunal de Justiça (Portugal), 17 de Março de 1999 (caso NULL)
Magistrado Responsável | SOUSA LAMAS |
Data da Resolução | 17 de Março de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB. DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC61 ART40 N1. CSC86 ART253 N1 ART398. CCIV66 ART2031 ART2032 ART2039 ART2080 N1 A ART2133 N1 A.
Sumário : I - Falecendo o único sócio e único gerente de uma sociedade, por virtude da renúncia à sua herança por parte da esposa dele, os poderes de gerência da sociedade são assumidos pelos herdeiros daquele, os quais ficaram sendo sócios de tal sociedade, daí que disponham de poderes bastantes para emitirem procuração forense para representação da aludida sociedade. II - Mesmo que a procuração em causa fosse considerada irregular, deveria ser marcado prazo para o suprimento de tal irregularidade e ratificação do processado e só no caso de não ser regularizada a situação dentro do prazo fixado, ficaria sem efeito a contestação apresentada. III - A esposa do único sócio e gerente da aludida sociedade...
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