Acórdão nº 069047 de Supremo Tribunal de Justiça (Portugal), 06 de Janeiro de 1981 (caso NULL)
Magistrado Responsável | MOREIRA DA SILVA |
Data da Resolução | 06 de Janeiro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: VAZ SERRA RLJ ANO112 PAG288.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR ECON - DIR SEG.
Legislação Nacional: CCIV66 ART323 N1 N2 ART325 ART326 N1 ART327 N1 ART498 N1 N3 ART521 ART530 ART636 N1. CP886 ART125 PAR2 PAR3 ART369 PAR2. DL 607/73 DE 1973/11/14 ART1 N1 E. CPP29 ART29 ART352 PAR1 ART353 ART394 ART651. DL 47889 DE 1967/09/02 ART4 N1. CE54 ART67. CPC67 ART143 N2 ART673 ART676 N1 ART677 ART683 ART722 N2 ART729 N2.
Jurisprudência Nacional: AC STJ DE 1979/04/15 IN BMJ N286 PAG234.
Sumário : I - Formulando-se o pedido civel de indemnização com base em acidente causado por condução automovel integradora de crime culposo cujo procedimento criminal so prescreve passados cinco anos sob a data do seu cometimento, este e o prazo a considerar e não o de tres anos sob o acidente, dado o disposto no artigo 498, n. 3, do Codigo Civil. II - A prescrição interrompe-se pela citação ou notificação judicial de qualquer auto que exprima, directa ou indirectamente, a intenção de exercer o direito, seja qual for o processo a que o acto pertence e ainda que o tribunal seja incompetente. E o caso da constituição do assistente em processo penal e subsequente acusação por ele deduzida. III - Não tendo a re seguradora tido intervenção no processo crime, embora resulte dos artigos 323, 325, 521, 530 e 636, n. 1, todos do Codigo Civil, que o efeito interruptivo da prescrição se...
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