Acórdão nº 067030 de Supremo Tribunal de Justiça (Portugal), 11 de Abril de 1978 (caso NULL)
Data | 11 Abril 1978 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CCIV66 ART405. CNOT67 ART89 I. CPC67 ART26.
Sumário : I - Estando posta em causa a validade de deliberações que a Ré sociedade tomou, representada pelos co-Réus, acha-se a mesma envolvida na questão da validade ou não dessas deliberações, donde o seu interesse directo em contradizer, o que preenche os requisitos da legitimidade previstos no artigo 26 do Código de Processo Civil. II - Ao convocarem a assembleia geral, estabelecendo a respectiva ordem de trabalhos e nela intervindo em representação da Ré, os co-Réus seus sócios, únicos sobreviventes, exercendo conjuntamente a gerência, envolveram a Ré em deliberação social, que a ela de facto não dizia respeito e sim apenas a esses co-Réus. III - Na realidade, fez-se intervir a sociedade Ré na transmissão da quota do sócio falecido para os ditos co-Réus, o que à mesma sociedade era legalmente vedado, pois segundo o pacto social os herdeiros desse sócio exercerão os...
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