Acórdão nº 0058871 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1993 (caso None)
| Magistrado Responsável | HUGO BARATA |
| Data da Resolução | 12 de Janeiro de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART58. CPC67 ART397 N4.
Sumário: I - A assembleia geral é o orgão soberano da cooperativa, pelo que a sua competência abarca necessariamente a da direcção. II - A deliberação é um preliminar indispensável para que o canditado tenha a expectativa de ser associado, que se cristalizará pela não ocorrência de recurso, pois que se o houver ficou tudo em reapreciação. III - Embora o estabelecimento de raciocínios por contraposição seja sempre arriscado, não se pode deixar de ponderar que para a situação de demissão compulsiva de associado, havendo recurso, este tem efeito suspensivo - art. 12, n. 1, do estatuto da ré. Em alguma medida se pode percepcionar que, em termos praticos, a situação de candidato rejeitado pela direcção é igual à de associado demitido, pois que se traduzem na ablação de um...
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