Acórdão nº 9331423 de Court of Appeal of Porto (Portugal), 18 de Abril de 1994
Magistrado Responsável | COUTO PEREIRA |
Data da Resolução | 18 de Abril de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: REVOGADO PARCIALMENTE.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CSC86 ART75 N2 ART248 N1 N4 ART376 ART396 ART377 N5 E N8 ART451 N3. CPC67 ART396 N1.
Jurisprudência Nacional: AC STJ DE 1967/07/27 IN BMJ N114 PAG500. AC STJ DE 1977/10/20 IN BMJ N270 PAG234. AC STJ DE 1987/11/12 IN BMJ N371 PAG378.
Sumário: I - Uma deliberação social só se deve considerar completamente executada quando já esgotou os seus efeitos pretensamente danosos os quais se podem arrastar no tempo e com continuidade. II - Mesmo quando executada a deliberação, nada obsta a que se suspendam os seus efeitos até a acção de anulação ser decidida, pois tal é a finalidade da providência cautelar, e se aquela proceder ficam inutilizados todos os actos praticados. III - Na providência cautelar não é exigível uma prova cabal da existência de irregularidade legal, estatutária ou...
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