THE REMOVAL OF DIRECTORS OF THE FOUNDATIONS. A COMMENTARY ON THE SUPREME COURT DECISION OF 20 NOVEMBER 2014

Abstract

This text comments on a decision of the Portuguese Supreme Court in a case in which a former director of a foundation, removed from her office before the expiration of the mandate and whose retribution, previously, had been reduced, asked the condemnation of the foundation to pay her the differences between what she would have received should she had fulfilled her mandate until the term and what she received for the activity she exercised after being removed, as well as the money differences inherent to the previous reduction of the retribution. The problems discussed are the following: revocability of the mandate of the directors: right to damages of the directors whose mandate is discretionarily revoked: measure of such damages; legality of the unilateral reduction of the retribution of the directors