Acórdão nº 074658 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1987
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 05 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR COM - TIT CREDITO. DIR CONST.
Legislação Nacional: CCIV66 ART3232. DL 262/83 DE 1983/06/16 ART4. CONST82 ART8 N2. LULL ART48 ART49.
Jurisprudência Nacional: AC STJ DE 1982/07/27 IN BMJ N319 PAG265. AC STJ DE 1979/04/24 IN BMJ N286 PAG252. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC STJ DE 1981/12/10 IN BMJ N312 PAG281. ASS STJ DE 1962/06/12 IN BMJ N118 PAG313.
Sumário : I - Para que a não citação no prazo de cinco dias apos haver sido requerida seja imputavel ao requerente, nos termos do artigo 323, n. 2, do Codigo Civil, e necessario um nexo de causalidade objectiva entre a conduta deste, posterior ao requerimento e aquele resultado, nexo que se verifica quando o requerente da citação infrinja objectivamente a lei - por exemplo, não pagando o preparo no prazo inicial e normal, indicando uma falsa residencia dos reus a citar ou abstendo-se de juntar duplicados a estes destinados. Não permite afirmar semelhante nexo a apresentação da petição inicial no tribunal, com o requerimento de citação, nove dias antes do fim do prazo de prescrição, uma sexta-feira, sabendo o requerente que a acção seria distribuida tão-so na segunda-feira seguinte, a seis dias do termo daquele prazo, sem haver pedido a citação previa e pagando o preparo quase no fim do respectivo prazo inicial e normal. II - As taxas de juros moratorios por incumprimento de obrigação cambiaria são as que forem legalmente estabelecidas ao longo do periodo da mora, ate efectivo pagamento, independentemente da data da emissão do titulo. O artigo 4 do Decreto-Lei n. 262/83, de 16 de Junho e, pois, aplicavel as letras emitidas antes da sua entrada em vigor. III - Este preceito não sofre de inconstitucionalidade material, organica ou formal, porque a Constituição não limita a liberdade de determinação dos juros de mora da obrigação cambiaria, nem a competencia do...
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