Acórdão nº 072670 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1985
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 17 de Outubro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL / DIR OBG.
Legislação Nacional: CCIV66 ART236 N1 ART287 N2 ART406 ART940. CCOM888 ART146 ART181 PARUNICO.
Sumário : I - Tendo-se as instancias pronunciado no sentido de que em assembleia geral da sociedade Re foi aprovada, por unanimidade, proposta a reformar o Autor vitaliciamente com o vencimento de 175000 escudos mensais, interpretação dentro da competencia das instancias, essa decisão so pode ser alterada pelo Supremo Tribunal de Justiça quando tenha havido aplicação inexacta de uma disposição legal ou de uma regra da experiencia - artigo 236, n.1 do Codigo Civil - o que não e o caso, dado o conteudo da acta dessa assembleia, pelo que e de considerar a existencia dessa deliberação. II - O facto da deliberação não constar da convocatoria da assembleia, pois a formula usada - "Tratar de qualquer outro assunto de interesse para a sociedade" - não preenche essa exigencia, não torna nula a deliberação, mas anulavel, pois pode ser sanada, desde que não seja impugnada pelos accionistas, no prazo legal, como não foi - artigo 181, paragrafo unico do Codigo Comercial. III - Aqui não e aplicavel o artigo 287 n. 2 do Codigo Civil, que se refere a arguição de anulabilidade enquanto o negocio não estiver cumprido, visto não se estar perante prestação de execução...
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