Acórdão nº 083828 de Supremo Tribunal de Justiça (Portugal), 13 de Outubro de 1993 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 13 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV. DIR COM - SOC COMERCIAIS.
LegislaÁ„o Nacional: CSC86 ART62 N1 N2. CPC67 ART287 E ART506 N1 N3 ART663 N1 ART671.
Sum·rio : I - Nos termos do artigo 62 n. 1 do CÛdigo das Sociedades Comerciais de 86, uma deliberaÁ„o nula por forÁa do artigo 56 A B do mesmo CÛdigo pode ser renovada por outra deliberaÁ„o e a esta pode ser atribuÌda efic·cia retroactiva, ressalvados os direitos de terceiro. II - Renovada a deliberaÁ„o nula com efic·cia retroactiva, pode o interessado na renovaÁ„o, estando pendente acÁ„o de nulidade, ir a essa acÁ„o pedir a extinÁ„o da inst‚ncia por inutilidade superveniente da lide (artigo 287 E do CÛdigo do Processo Civil de 67). III - Tal pedido deve ser formulado atÈ ao encerramento da discuss„o em 1 inst‚ncia, momento atÈ ao qual pode ser formulado o pedido em articulado superveniente (artigos 506 n. 3 e 663 n. 1 do CÛdigo de Processo Civil de 67). IV - Tendo sido renovada a deliberaÁ„o e sendo o pedido de extinÁ„o da inst‚ncia feito j· perante o Supremo (para onde o processo subira em recurso...
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