Acórdão nº 085089 de Supremo Tribunal de Justiça (Portugal), 27 de Setembro de 1994 (caso NULL)
Magistrado Responsável | TORRES PAULO |
Data da Resolução | 27 de Setembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A COSTA IN OBRIGAÇÕES 3ED PAG773. GUILHERME MOREIRA IN INSTITUIÇÕES VOLII PAG125. CASTRO MENDES IN LIÇÕES DE PROC CIV VOLIII PAG276.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART145 N3 ART146 N2 ART516. CCIV66 ART343 ART346. CCIV867 ART705.
Sumário : I - A função do prazo peremptório é marcar o período de tempo durante o qual pode praticar-se um acto de processo. II - O seu efeito é a extinção do direito de praticar um determinado acto - artigo 145, n. 2, do Código de Processo Civil. III - O interessado não pode colocar-se ao abrigo de justo impedimento quando tenha havido de sua parte, negligência, culpa ou imprevidência, se o evento era susceptível de previsão e ele não se acautelou contra a sua possível verificação - sibi imputet; - a parte foi imprevidente. IV - Se, não obstante o acidente ou sinistro que a tenha atingido, a parte poderia, dentro do prazo legal, ter praticado o acto, por si ou por mandatário, incorreu em negligência e não pode, por isso, invocar o justo impedimento. V - Só pode ser deferido o justo impedimento desde que provado e verificado, após se reconhecer que a parte que...
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