Acórdão nº 086322 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1995 (caso NULL)
Magistrado Responsável | SOUSA INES |
Data da Resolução | 09 de Fevereiro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA MANUAL 2ED PAG276.
Área Temática: DIR CIV - DIR RESP CIV / TEORIA GERAL. DIR PROC CIV. DIR TRIBUT - DIR CUSTAS JUD.
Legislação Nacional: CCIV66 ART323 N1 N2 N3 ART342 N2 ART483 ART494 ART496 ART498 N1. CE54 ART5 N2 ART10 ART11 ART19. CCJ62 ART104 ART110. CPC67 ART477 ART478 N2.
Jurisprudência Nacional: AC STJ DE 1979/04/24 IN BMJ N286 PAG252. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC STJ DE 1981/02/10 IN BMJ N304 PAG406. AC STJ DE 1981/12/10 IN BMJ N312 PAG281. AC STJ DE 1982/07/27 IN BMJ N319 PAG265. AC STJ DE 1984/03/27 IN BMJ N335 PAG255. AC STJ DE 1988/05/05 IN BMJ N377 PAG450. AC STJ DE 1987/05/05 IN BMJ N367 PAG507.
Sumário : I - De harmonia com o disposto no artigo 323, ns. 1 e 2 do Código Civil, a prescrição interrompe-se pela citação ou notificação judicial de qualquer acto que exprima a intenção de exercer o direito. II - Todavia, se a citação ou notificação se não fizer dentro de cinco dias depois de ter sido requerida, por causa não imputável ao requerente, têm-se a prescrição por interrompida logo que decorram os cinco dias. III - E não é imputável ao requerente, quando a demora é devida a motivos de índole processual, de organização judiciária, negligência do tribunal ou dos...
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