Acórdão nº 98B927 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1998 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 10 de Dezembro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART342 N2. CPC67 ART412 N1 ART417 N2 B N4.
Sumário : I - Invocada como meio de defesa, a caducidade é um facto extintivo do direito do Autor e, como tal, é uma excepção peremptória, cabendo assim ao Réu o ónus da sua prova. II - É o que acontece no caso de processo de ratificação de embargo de obra nova que foi objecto de oposição por meio de embargos por parte do requerido, que assim...
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