Acórdão nº 003073 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1991
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 30 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL.
LegislaÁ„o Nacional: LCT69 ART38 N1. CCIV66 ART224 N1 ART279 C ART296 ART323 N1 N2.
Sum·rio : I - A rescis„o do contrato resulta da declaraÁ„o rescisoria que, para se tornar eficaz, deve chegar ao poder do destinatario ou ser dele conhecida (artigo 224 n. 1 do Codigo Civil). II - Nesta conformidade, a cessaÁ„o do contrato de trabalho ocorreu no dia 10 de Outubro de 1988, data em que a Re recebeu a carta do Autor a rescindir o contrato, datada do dia 7 do mesmo mes. III - O prazo de prescriÁ„o de um ano estabelecido no n. 1 do artigo 38 da LCT, tendo em conta o disposto no artigo 296, combinado com a alinea c) do artigo 279, ambos do Codigo Civil, sobre contagem do prazo de prescriÁ„o, terminou as 24 horas do dia que corresponda do ano seguinte, ou seja, 10 de Outubro de 1989. IV - A interrupÁ„o da prescriÁ„o pela citaÁ„o, se esta n„o se fizer dentro de cinco dias depois de ser requerida, por causa n„o imputavel ao requerente, tem-se como efectuada decorridos os cinco...
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