Acórdão nº 0057692 de Supremo Tribunal Administrativo (Portugal), 01 de Outubro de 1992 (caso None)
| Magistrado Responsável | CARVALHO PINHEIRO |
| Data da Resolução | 01 de Outubro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART4 N2 A ART26. LSQ ART39 PAR3 ART35.
Jurisprudência Nacional: ASS STJ DE 1961/05/26 IN BMJ N107 PAG352.
Sumário: I Na acção de simples apreciação negativa em que é pedido se declare a inexistência de determinada deliberação social, proposta por um sócio contra a sociedade comercial por quotas de que ele faz parte e contra os restantes sócios que votaram favoravelmente a deliberação social que se discute, carecem estes últimos de legitimidade porque foram apenas meros agentes do processo formativo da deliberação cuja existência se discute. II - Ainda que o pacto social seja omisso a esse respeito, a exclusão de sócio de uma sociedade por quotas com mais de dois sócios pode ser deliberada pela própria sociedade, com fundamento em justa causa , e face...
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