Acórdão nº 066112 de Supremo Tribunal de Justiça (Portugal), 03 de Março de 1977
Magistrado Responsável | ABEL DE CAMPOS |
Data da Resolução | 03 de Março de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR COM - SOC COMERCIAIS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART238 N1. CCOM888 ART105 PAR2 ART118 N1 N2 ART207 PAR1. CPC67 ART668 N1 D ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1971/01/12 IN BMJ N203 PAG183. AC STJ DE 1971/10/26 IN BMJ N210 PAG97. AC STJ DE 1972/01/21 IN BMJ N213 PAG231. AC STJ DE 1976/01/13 IN BMJ N253 PAG161. AC STJ DE 1976/04/06 IN BMJ N256 PAG128.
Sumário : I - Numa acção de anulação de deliberação social, se na petição inicial se afirmou que as alterações introduzidas no regulamento interno da ré, uma sociedade cooperativa, violaram os artigos 16, 4 e 10 dos seus estatutos e todo o espírito que preside ao normativo estatutário, sendo, em geral, anti- -estatutários, cumpre aos tribunais de instância examinar e decidir se qualquer dos artigos dos estatutos se opunha às deliberações tomadas na assembleia da ré - quer os indicados pelo autor, quer quaisquer outros não indicados por ele. II - Se a Relação não conheceu de questão da qual, segundo o recorrente, devia ter conhecido, deve ele arguir a nulidade da 1. parte da alínea d) do n. 1 do artigo 668 do Código de Processo Civil, que não é de conhecimento oficioso. III - A interpretação da vontade colectiva ínsita ou...
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