Acórdão nº 96S008 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1996 (caso NULL)
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 02 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA E A VARELA IN CCIV ANOTADO VOLI 4ED PÁG293.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: LCT69 ART38 N1. CPC67 ART105 N2 ART285 N2 ART289 N2 ART684 N3 ART690 N1 N3. CCIV66 ART323 N1 N4 ART326 ART327 N1 N2 N3. DL 47690 DE 1967/05/11.
Sumário : I - Ao intentar no foro comum (tribunal de competência genérica) uma acção emergente de contrato individual de trabalho para fazer valer créditos emergentes desse contrato (acção em que a empresa-ré veio a ser absolvida da instância com fundamento incompetência material daquele tribunal), o autor não pode valer-se da regra do n. 3 do artigo 327 do Código Civil para efeito do prolongamento do prazo de prescrição, dado ser-lhe imputável o motivo processual que deu causa à absolvição da ré da instância. II - Ao requerer o aproveitamento dos articulados inseridos em tal acção para serem remetidos ao...
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