Decreto-Lei n.º 389/77, de 15 de Setembro de 1977
Decreto-Lei n.º 389/77 de 15 de Setembro É conhecida a premência da reforma da nossa antiquada legislação sobre sociedades comerciais. Esta é, porém, uma tarefa de grande fôlego, que exige um vasto estudo de direito comparado e uma profunda reflexão sobre as soluções a adoptar e que, de resto, compete à comissão constituída por despacho do Ministro da Justiça de 3 de Janeiro de 1977 para proceder à revisão do Código Comercial.
Tal não obsta, no entanto, a que se vão introduzindo no direito das sociedades vigentes alterações pontuais em domínios que se afiguram carecidos de resolução maisurgente.
Pelo presente diploma, impõe-se que os órgãos de administração das sociedades anónimas tenham um número ímpar de membros, à semelhança do que dispõe o artigo 162.º do Código Civil, com o objectivo de facilitar a votação das deliberações desses órgãos sociais.
Por outro lado, dispensa-se a qualidade de accionista como requisito de elegibilidade para a administração das sociedades anónimas. Este requisito, que decorria da concepção contratualista da sociedade anónima que enformou a regulamentação das sociedades comerciais contida no Código Comercial, colida com a necessidade de profissionalizar a administração das sociedades, especialmente as de...
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