Acórdão nº 061438 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1967
Magistrado Responsável | BOGARIM GUEDES |
Data da Resolução | 07 de Março de 1967 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CPC39 ART403. CPC61 ART396 N3 ART664. LSQ ART40 ART46 PAR1. CCIV867 ART765.
Jurisprudência Nacional: AC STJ DE 1964/03/17 IN BMJ N135 PAG389. AC STJ DE 1964/12/22 IN BMJ N142 PAG305.
Sumário : I - O artigo 403 do Codigo de Processo Civil de 1939 tornou inutil o protesto para pedir a anulação de deliberações sociais. II - Mas o mesmo artigo não revogou o paragrafo primeiro do artigo 46 da Lei de 11 de Abril de 1901, e, portanto, a acção destinada a obter tal anulação tem de ser intentada no prazo de vinte dias a contar da data em que foi tomada a deliberação que se pretende ver anulada. III - Deve considerar-se interpretativa do mencionado artigo 403 a disposição da ultima parte do n. 3 do artigo 396 do actual Codigo de Processo Civil que estatui que o prazo para a instauração da acção anulatoria de deliberações sociais se conta da data em que as mesmas são tomadas. IV - Em virtude do disposto no artigo 664 do referido Codigo, os Tribunais não estão sujeitos as alegações das partes no que respeita ao direito aplicavel, e, assim, o Supremo pode examinar a questão sob um prisma diferente daquele por que o recorrente o encarou. V - Uma deliberação social quanto...
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