Acórdão nº 066164 de Supremo Tribunal de Justiça (Portugal), 30 de Abril de 1976
Magistrado Responsável | MIGUEL CAEIRO |
Data da Resolução | 30 de Abril de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: NAVARRINI TRATTATO TEORICO-PRATICO DI DIRITTO COMMERCIALE V5 PAG125. VON THUR TRATADO DE LAS OBRI TII. VIVANTE TRATTATO 2ED V2 PAG100.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS. DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART2 ART399 ART401. CCOM888 ART3 ART173 PAR4. LSQ ART31. DL 49831 DE 1969/11/15 ART17 ART18 ART19 ART20 ART21 ART22 ART23 ART24 ART25. CCIV66 ART990 ART1003 A ART2286 ART2301 ART2527.
Legislação Estrangeira: CCIV ITALIA ART2286 ART2301 ART2527.
Sumário : I - O gerente de sociedade por quotas não pode exercer pessoalmente comercio ou industria iguais aos da sociedade, sob pena de responder genericamente pela inexecução do mandato e pela violação dos estatutos e da lei (artigo 173, paragrafo 4, do Codigo Comercial, e Decreto-lei n. 49831, de 15 de Novembro de 1969, ex-vi do artigo 31 da Lei das Sociedades por Quotas) e poder ser dela excluido (artigo 990 do Codigo Civil ex-vi do artigo 3 do Codigo Comercial). II - Este duplo sancionamento...
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