Acórdão nº 96B782 de Supremo Tribunal de Justiça (Portugal), 18 de Março de 1997
Magistrado Responsável | FIGUEIREDO DE SOUSA |
Data da Resolução | 18 de Março de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR COM - SOC COMERCIAIS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART337 N3 ART396 ART555 ART618 N1 A. CSC86 ART56. CCIV66 ART177 ART178 ART267 N1 ART279 C ART296.
Sumário : I - É inábil por motivo de ordem moral para depor como testemunha, nos termos do artigo 618 n. 1 alínea a) do CPC67, quem pode depor como parte (artigo 337 n. 3 e artigo 555 id.) II - As assembleias gerais, cujo aviso convocatório não tenha sido assinado por quem tenha essa competência, não se consideram convocadas, e as deliberações tomadas em assembleia geral não convocada são nulas, a não ser que tenham estado presentes todos os sócios (artigo 56 do CSC86). III - Sendo nula a deliberação social da assembleia geral que destituiu o presidente da mesa dessa assembleia, e havendo grave prejuízo em consequência dessa deliberação, e, não resultando da sua suspensão agravamento desse prejuízo, verificados estão os pressupostos da...
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