Acórdão nº 9620291 de Court of Appeal of Porto (Portugal), 01 de Outubro de 1996
| Data | 01 Outubro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART224 N1 N2.
Sumário: I - O artigo 224 do Código das Sociedades Comerciais estabelece dois diferentes regimes de deliberação dos contitulares e de eficácia das deliberações relativamente à sociedade na qual o representante comum vai exercer os direitos dos contitulares. II - No caso de divergência entre a deliberação tomada pelos contitulares e a actuação do representante comum, perante a sociedade, eficaz é esta última, pois a deliberação dos contitulares nenhuma eficácia tem para com a sociedade. O reflexo da desobediência do representante comum aparece apenas entre eles e os contitulares da quota, fornecendo a estes possível justa causa para a destituição e, se for caso disso, para reclamar indemnização. III - Relativamente às deliberações que tenham por objecto a...
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