Acórdão nº 077755 de Supremo Tribunal Administrativo (Portugal), 31 de Outubro de 1989 (caso None)
Magistrado Responsável | PINTO FERREIRA |
Data da Resolução | 31 de Outubro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCOM888 ART146. LSQ ART39 ART46 PAR1. CPC67 ART396 N3. CSC86 ART56 N1 N2 ART58 N1 A.
Jurisprudência Nacional: AC STJ DE 1982/06/02 IN BMJ N368 PAG594. AC STJ DE 1987/10/06 IN BMJ N370 PAG567.
Sumário : I - E dominante o entendimento doutrinal e jurisprudencial de que as deliberações sociais quando contrarias a lei e ou ao contrato social podem ser nulas, anulaveis ou apenas ineficazes em relação a terceiros. II - A falta absoluta de convocatoria para uma assembleia geral de sociedade comercial, gera nulidade da deliberação tomada nessa circunstancia. III - Mas a omissão de uma formalidade não essencial exigida pelo contrato social, no caso, o não envio de carta registada com aviso de recepção, para convocar a assembleia geral, gera apenas a anulabilidade da deliberação tomada. IV - As deliberações tomadas em assembleia geral irregularmente convocada, nos termos da conclusão anterior, são anulaveis, sendo o...
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