Acórdão nº 9120635 de Court of Appeal of Porto (Portugal), 07 de Novembro de 1991
Data | 07 Novembro 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CPC67 ART399 ART1484. CCIV67 ART986 N1. CSC86 ART64.
Sumário: 1- O processo previsto no art. 1484 do C.P.C., que remete para a norma do art. 986, n. 1, do C. Civ., não e o proprio quando, na petição inicial, não se invoca a existencia de qualquer clausula, no contrato constitutivo da sociedade-requerida, atribuindo a gerencia a certos socios; e, logicamente, tambem não se pediu a revogação de qualquer clausula feita nesse sentido. 2- O processo proprio e o de providencia cautelar não especificada porque a requerente alegou fundado receio de que os socios gerentes da sociedade, antes de propor a competente acção, causassem lesão grave e dificilmente reparavel ao seu direito, que invocou; demais, ao caso não convinha nenhum dos outros procedimentos cautelares regulados na lei. 3- O facto de dois socios terem sido investidos judicialmente na gerencia de uma sociedade comercial por quotas não significa que passaram a ter carta branca para lesarem direitos alheios no exercicio do cargo para...
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