Acórdão nº 075021 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1987
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 19 de Novembro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: DL 49381 DE 1969/11/15 ART17 N2 ART22 ART24 ART47 N3. CSC86 ART77. CCOM888 ART156 ART221 ART173 PAR2 PAR4. CCIV66 ART990 ART1003 ART1005. LSQ ART12 PAR1 ART19 ART25 PAR1 ART35 A ART36 ART37 ART46. LSA867 ART47 ART48.
Jurisprudência Nacional: AC STJ DE 1970/03/20 IN BMJ N195 PAG241. AC RL DE 1967/07/05 IN JR N13 PAG65.
Sumário : I - Em acção proposta pelos socios, nos termos do artigo 22, n. 1, do Decreto-Lei n. 49381, de 15 de Novembro de 1969 - acção social dos socios -, o direito exercido por estes não e um direito proprio, mas da sociedade, procurando-se efectivar a responsabilidade civil dos administradores ou gerentes perante esta. II - A responsabilidade civil dos administradores (e gerentes) face a sociedade baseia-se na culpa - responsabilidade subjectiva -, como se deduz do artigo 17, n. 2, do Decreto-Lei n. 49381, onde se admite que os administradores deixem de responder para com a sociedade se provarem que procederam sem culpa. III - Constitui dever do gerente de uma sociedade por quotas não fazer, por conta da sociedade, operações alheias ao seu objecto ou fim, constituindo os factos contrarios a esta injunção violação expressa do mandato, ou, mais precisamente, e expressamente proibido aos gerentes negociar por conta propria directa ou...
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