Dos efeitos da citação no procedimento cautelar de suspensão de deliberações sociais

• Autor(a) principal: Jardim, Gonçalo Nuno Andrade
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/51669
• topic: Procedimentos cautelares; Suspensão de deliberações sociais; Citação; Art.º 381º, n.º 3; Precautionary measures; Suspension of deliberations; Notification; Article 381, number 3; Direito

The deliberations taken in a company generally respects the rule of majority – only in very exceptional cases the unanimity is required. This statement admits, first of all, the fact that the partners who did not vote in the direction that has won intend to attack the approved deliberation, because they are considering that this deliberation is oposed to the law, to the statutes or to the contract – which are legitimate causes – or simply by being malicious (in the view of having benefits they would not have otherwise). Whether they are members with good or bad intentions, the legislator has made available to all of them the possibility of proposing against the company a lawsuit for annulment or nullity of the deliberation apparently faulty. In order to avoid the risk of delaying the decision in the main action, the partner may request a precautionary measure to suspend the deliberations that, once decreed by the judge, immediately suspend the effects from the deliberation. In this specific precautionary measure, the legislature went further, so far that we don’t find parallel in any other precautionary measure: the legislator made illicits any acts of execution of the contested deliberation after the date of the notification of the company – article 381, number 3. Should it be attributed to that moment so serious effect? More: at the principles of procedure law and substantive law, can it be assigned to the moment of the notification such an forceful effect?