Acórdão nº 078499 de Supremo Tribunal Administrativo (Portugal), 12 de Dezembro de 1989 (caso None)
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 12 de Dezembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: ALBERTO REIS COMENTÁRIO VOL3 PAG356.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART286. CPC39 ART291. CCIV66 ART328 ART332 ART1687 N2.
Sumário : I - O prazo de caducidade só se interrompe nos casos em que a lei o determine; (artigo 328 do Código Civil). II - Segundo o disposto no artigo 332 do Código Civil o prazo de caducidade retoma o seu curso com a interrupção da instância. III - Interrompida a instância, consumada a caducidade do direito do autor, o réu pode invocar essa excepção que, nos termos do artigo 286 do Código de Processo Civil, deverá logo ser apreciada e julgada procedente...
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