Acórdão nº 0042966 de Court of Appeal of Lisbon (Portugal), 11 de Junho de 1992
Magistrado Responsável | SILVA SALAZAR |
Data da Resolução | 11 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART1409 ART1479 ART1480 N1. CSC86 ART214 ART216 N1.
Jurisprudência Nacional: AC RC DE 1987/10/13 IN CJ ANO1987 T4 PAG80.
Sumário: I - No contexto dos artigos 216 n. 1 do Código das Sociedades Comerciais e 1479 n. 1 do Código de Processo Civil, é necessário, para o sócio da sociedade por quotas conseguir que seja determinado o inquérito, que exponha os motivos deste, indique os pontos de facto que lhe interesse averiguar, e que prove, além da sua qualidade de sócio, que lhe tenha sido recusada informação a que tenha direito nos termos do artigo 214 do Código das Sociedades Comerciais ou que a informação que lhe tenha sido prestada seja presumivelmente falsa, incompleta ou não elucidativa. II - O processo para determinação do inquérito é de jurisdição voluntária, pelo que, nos termos do artigo 1409, n. 2, do...
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