Acórdão nº 9220960 de Court of Appeal of Porto (Portugal), 01 de Abril de 1993
| Magistrado Responsável | COSTA MORTAGUA |
| Data da Resolução | 01 de Abril de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COOP.
Legislação Nacional: CPC67 ART396 N1.
Jurisprudência Nacional: AC STJ DE 1962/02/27 IN BMJ N114 PAG500. AC STJ DE 1954/04/27 IN BMJ N42 PAG400.
Sumário: I - Nos termos do artigo 396, nº 1 do Código de Processo Civil, são condições do exercício da acção cautelar de suspensão de deliberações sociais, nas sociedades cooperativas: a) - ter o autor a qualidade de sócio; b) - existir deliberação ilegal, isto é, contrária à lei ou aos estatutos; c) - resultar da execução imediata da deliberação dano apreciável. II - Quanto ao requisito da ilegalidade da deliberação, a lei exige apenas um juízo de probabilidade; no tocante ao dano exige-se a...
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