Acórdão nº 072947 de Supremo Tribunal de Justiça (Portugal), 10 de Abril de 1986
Data | 10 Abril 1986 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: FERRER CORREIA IN ESTUDOS JURIDICOS DIR CIV E COM DIR CRIM V2 PAG125.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: DL 282/79 DE 1979/08/11. DL 24/82 DE 1982/01/30. LSQ ART41 PAR1. CCIV66 ART236 N1 ART238.
Jurisprudência Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG351.
Sumário : I - Determinando o paragrafo 1 do artigo 41 da Lei das Sociedades por Quotas que tendo as assembleias gerais o fim de deliberar, alem de outros assuntos que discriminem, sobre o aumento do capital, devem os socios ser convocados por meio de anuncios publicados com um mes de antecipação pelo menos, e em harmonia com os demais requisitos da escritura social, não aditando ,o pacto social outras diligencias ou formalidades para a convocação, deve entender-se que tal convocação, na sua regulamentação foi remetida pura e simplesmente para a lei, neste caso a citada, não tendo de acrescer as formalidades nela previstas quaisquer outras, como por exemplo a convocação individual por carta registada com aviso de recepção. II - Prescrevendo o artigo 41 da Lei...
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