Acórdão nº 074261 de Supremo Tribunal de Justiça (Portugal), 06 de Outubro de 1987
Data | 06 Outubro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CPC67 ART672 ART677. CCOM888 ART146. LSQ ART25 PAR1 ART46 PAR1.
Jurisprudência Nacional: AC STJ DE 1971/06/11 IN BMJ N208 PAG169. AC STJ DE 1972/03/03 IN BMJ N215 PAG262. AC STJ DE 1972/04/21 IN BMJ N216 PAG173. AC STJ DE 1977/02/01 IN BMJ N264 PAG218. AC STJ DE 1979/11/08 IN BMJ N291 PAG513. AC STJ DE 1983/06/14 IN BMJ N328 PAG593. AC STJ DE 1985/04/18 IN BMJ N346 PAG261. AC STJ DE 1986/06/03 IN BMJ N358 PAG553.
Sumário : I - Julgada improcedente no saneador (sentença) a excepção de "ilegitimidade plural" do autor e não sendo interposto recurso na parte respectiva, formou-se nessa medida caso julgado formal, ficando assente, sem possibilidade de nova apreciação em recurso relativo a outro passo da decisão, a legitimidade do autor (artigos 672 e 677 do Codigo de Processo Civil). II - O prazo de caducidade previsto nos artigos 146 do Codigo Comercial e 46, paragrafo 1, da Lei das Sociedades por Quotas circunscreve-se as deliberações anulaveis, regendo para as deliberações ineficazes e nulas o direito comum e sujeitando-se as mesmas, por conseguinte, as consequencias que a lei preve para os negocios juridicos nulos, inclusive ao disposto no artigo 286 do Codigo Civil. III - As deliberações sociais são ineficazes quando violam direitos de terceiros, nestes se englobando os direitos dos socios estranhos a esta qualidade, os denominados direitos extracorporativos; nulas são, por seu turno, as deliberações que atingem direitos inderrogaveis e direitos especiais dos socios, bem assim as que, respeitando embora a vida interna da sociedade, a sua organização e as relações travadas entre a sociedade e os socios como tais, ofendem normas protectoras do interesse publico e disposições imperativas visando a tutela dos proprios associados; anulaveis e...
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