Acórdão nº 9420910 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1995
Magistrado Responsável | PELAYO GONÇALVES |
Data da Resolução | 17 de Janeiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA J A REIS IN COMENTÁRIO AO CÓDIGO DE PROCESSO CIVIL VOL2 PAG75.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART254 N3.
Jurisprudência Nacional: AC STJ DE 1977/02/15 IN BMJ N264 PAG194. AC RL DE 1992/05/28 IN CJ T3 ANOXVII PAG194. AC STJ DE 1993/05/13 IN CJSTJ T2 ANOI PAG102.
Sumário: I - O preceito do artigo 254, n.3, do Código de Processo Civil apenas impõe que a remessa da notificação seja feita para o escritório do mandatário no domicílio por ele escolhido, pelo que, devolvida que seja a carta por motivo não imputável ao tribunal, se tem por efectuada a notificação. II - É irrelevante, face àquele preceito, que a falta de notificação seja devida ao facto de o carteiro, não tendo encontrado o advogado a notificar através da carta registada no escritório deste, haver, por lapso, lançado o aviso para a carta ser procurada na estação...
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