Acórdão nº 0078764 de Supremo Tribunal Administrativo (Portugal), 07 de Outubro de 1992 (caso None)
Magistrado Responsável | CESAR TELES |
Data da Resolução | 07 de Outubro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR TRAB.
Legislação Nacional: CCIV66 ART307 ART309 ART310 G ART342 N2. DL 724/74 DE 1974/12/28. PORT 470/90 DE 1990/06/23.
Jurisprudência Nacional: AC RC DE 1989/06/20 IN CJ ANOXIV T3 PAG121. AC RL DE 1987/12/02 IN CJ ANOXII T5 PAG180.
Sumário: I - Numa pensão complementar de reforma o direito unitário à pensão prescreve no prazo de 20 anos de acordo com os artigos 307 e 309 do Código Civil. II - Porém, cada uma das prestações dessa pensão é uma prestação periódica renovável e por isso sujeita ao prazo de 5 anos previsto no artigo 310, alínea g), do Código Civil. III - Alegando a Ré que os pagamentos efectuados em 12 prestações mensais ao Autor englobam já as prestações complementares da pensão complementar de reforma peticionadas respeitantes aos 13 e 14 meses, recai sobre aquele o ónus da prova desses factos, nos termos do preceituado no artigo 342, n. 2 do Código Civil, extintivos ou impeditivos do direito do Autor. IV - Não tendo...
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