Acórdão nº 081795 de Supremo Tribunal de Justiça (Portugal), 23 de Junho de 1992
Data | 23 Junho 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT V SERRA BMJ N110 PAG131. A VARELA RLJ ANO116 PAG341 E MANUAL PROC 2ED NOTA1 PAG461.
Área Temática: DIR CIV - DIR RESP CIV. DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART257 N1 N2 N3 N6 N7. CCIV66 ART342 N1 ART986 N3 ART1156 ART1170.
Sumário : I - O poder conferido aos sócios no n. 1 do artigo 257 do Código das Sociedades Comerciais, de deliberar a todo o tempo destituir o gerente, apresenta-se no mesmo alinhamento do princípio da liberdade de revogação dos poderes de administração das sociedades civis e do princípio da liberdade de revogação dos contratos de prestação de serviços e de mandato (artigos 986, n. 3, 1156 e 1170 do Código Civil). II - Ressalvada a hipótese do n. 3, não é necessária a verificação da "justa causa" para que os sócios reunidos em assembleia deliberem a destituição do gerente. No contexto do artigo 257, a "justa causa" apresenta-se como um conceito indeterminado, sendo que no n. 6 desse artigo tipificam-se dois casos significativos: 1) violação grave dos deveres do gerente 2) incapacidade para o exercício normal das respectivas funções - sem que se...
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