Acórdão nº 081869 de Supremo Tribunal de Justiça (Portugal), 27 de Janeiro de 1993 (caso NULL)
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 27 de Janeiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR REGIS NOT.
Legislação Nacional: CSC86 ART56 N1 D ART58 N1 B ART142 N1 ART145 ART146 ART147 ART156 ART245 N1 N6 ART255 ART263. DL 403/86 DE 1986/12/03 ART20.
Sumário : I - Quando o juiz deixa de se pronunciar na sentença sobre questão que devesse apreciar, há a nulidade prevista no artigo 668 n. 1 alínea d) do Código de Processo Civil de 1967, mas em recurso o tribunal da Relação deve suprir essa nulidade de omissão de pronúncia e conhecer do objecto da apelação. II - A sociedade comercial por quotas deve extinguir-se deliberando-se a sua dissolução e consequente liquidação, e, se for simplesmente deliberada a sua extinção e partilha imediata dos bens sociais, tal deliberação é nula, tanto mais que a deliberação sobre a dissolução deve constar de escritura pública. III - A remuneração do gerente deve ser fixada atendendo ao trabalho prestado e à situação da sociedade, mas, se, à assembleia geral não foi apresentado o relatório da gestão e contas do exercício anterior, a deliberação respectiva é nula, porque...
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