Acórdão nº 062073 de Supremo Tribunal de Justiça (Portugal), 19 de Abril de 1968
Magistrado Responsável | GONÇALVES PEREIRA |
Data da Resolução | 19 de Abril de 1968 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: FERRER CORREIA IN RDES ANO3 PAG349.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG.
Legislação Nacional: CCIV867 ART711 ART732 ART743. LSQ ART20 ART46 PAR1.
Sumário : I - Entre os direitos gerais dos socios de uma sociedade salientam-se os direitos ja adquiridos, isto e, surgidos da qualidade de socio, mas que se autonomizaram: estes direitos não podem ser atingidos contra a vontade do socio, em face do principio da não retroactividade das deliberações sociais, não justificavel como o da não retroactividade da lei. II - Constituindo o direito a dividendos aprovados um direito autonomizado e distinto dos direitos sociais, tem a natureza de direito de credito, e a decisão de não o satisfazer constitui ofensa a lei que garante ao credor o direito a prestação. III - As deliberações anulaveis a que se refere o paragrafo 1 do artigo 46 da Lei das Sociedades por Quotas são apenas as que respeitam a vida interna da...
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