Acórdão nº 0039161 de Supremo Tribunal Administrativo (Portugal), 07 de Maio de 1991 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 07 de Maio de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART143 ART167 N2. CCIV66 ART323 N1 N2 ART335 N2. DL 385/82 DE 1982/09/16 ART3. DL 335/77 DE 1977/08/13 ARTÚNICO.
Sumário: I - No art. 143, CPC, se existe uma injunção no sentido de se não poderem praticar actos judiciais nos dias defesos, já não existe uma imposição mas uma mera possibilidade de em dias defesos certas espécies de actos judiciais serem praticados. II - No confronto direito à efectivação da citação / direito ao lazer profissional, dada a filosofia do art. 335 n. 2, CC, deve este ceder perante aquele. III - Porém, enquanto tem de atentar-se é que se o beneficiário de um prazo integrativo do seu direito global o pode legitimamente exercitar até ao último dia, inclusive, o certo é que em tanto tem de ser previdente a fim de que...
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