Acórdão nº 080756 de Supremo Tribunal de Justiça (Portugal), 26 de Junho de 1991
Magistrado Responsável | SIMÕES VENTURA |
Data da Resolução | 26 de Junho de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR COM - SOC COMERCIAIS. DIR PROC CIV.
Legislação Nacional: CCOM888 ART115. CSC86 ART21 ART24. CPC67 ART396 ART399.
Sumário : O socio de sociedade comercial pode reagir contra a deliberação que ofenda os seus direitos previstos nos artigos 21 e 24 do Codigo das Sociedades Comerciais mediante a providencia cautelar de suspensão de deliberações sociais, contemplada nos artigos 396 a 398 do Codigo de Processo Civil, pelo que não pode utilizar a providencia cautelar inominada. A nulidade do artigo 668, n. 1, b), do Codigo de Processo Civil não se ajusta as decisões sobre materia de facto pois so prefigura nulidade de sentença.
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