Acórdão nº 073046 de Supremo Tribunal de Justiça (Portugal), 02 de Junho de 1987
Magistrado Responsável | PEREIRA DE MIRANDA |
Data da Resolução | 02 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART323 N2 ART483 N1 ART498 N1 ART562 ART566 ART570. CPC67 ART244 N2. CPC61 ART253.
Jurisprudência Nacional: AC RC DE 1983/04/12 IN CJ N8 T2 PAG675. AC STJ DE 1972/11/30 IN BMJ N222 PAG222. AC STJ DE 1981/07/16 IN BMJ N312 PAG281. AC STJ DE 1982/07/27 IN BMJ N319 PAG265. AC STJ DE 1983/12/07 IN BMJ N332 PAG459. AC STJ PROC77731 DE 1987/05/20. AC STJ DE 1977/01/21 IN BMJ N269 PAG140.
Sumário : I - O actual artigo 323 n. 2 do Codigo Civil restabeleceu o principio da interrupção da prescrição pela citação e fixou em 5 dias, apos o respectivo requerimento, o tempo normal para ela se efectuar, prevendo hipotese da sua demora. II - Assim, se a citação não tiver lugar nesse prazo, por causa não imputavel ao autor, a lei considera a prescrição, passados esses 5 dias. III - Não e imputavel ao autor a culpa da demora da...
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