Acórdão nº 9711159 de Court of Appeal of Porto (Portugal), 02 de Fevereiro de 1998 (caso NULL)
Magistrado Responsável | SOUSA PEIXOTO |
Data da Resolução | 02 de Fevereiro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC TRAB. DIR PROC CIV.
Legislação Nacional: CPT81 ART23. CPC67 ART195 E ART198 N4 ART238.
Sumário: I - A citação, atenta a sua finalidade, é um acto eminentemente pessoal que deve ser realizado na pessoa do próprio citando. II - São excepcionais as normas que permitem a citação em pessoa diversa do citando. III - Salvo disposição expressa em contrário, na citação por via postal, a carta deve ser entregue ao próprio citando. IV - Na citação das pessoas colectivas ou sociedades, a carta deve ser remetida para a sua sede ou para o local onde normalmente funciona a administração e só pode ser entregue ao seu legal representante ou a qualquer empregado seu que aí se encontre. V - Remetida a carta para algum daqueles locais e devolvido que seja o aviso de recepção devidamente assinado, a citação considera-se feita no dia em que o aviso se mostrar assinado e tem-se por efectuada na própria pessoa do citando, mesmo quando o aviso de recepção haja sido assinado por terceiro, pois presume-se que a carta foi ou veio a ser oportunamente entregue ao...
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