Acórdão nº 0006574 de Supremo Tribunal Administrativo (Portugal), 23 de Abril de 1997 (caso None)
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 23 de Abril de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART38 N1. CCIV66 ART323 N1 N2 ART325.
Jurisprudência Nacional: AC STJ DE 1981/02/10 IN BMJ N304 PAG406. AC STJ DE 1981/02/10 IN BMJ N312 PAG281. AC STJ DE 1982/07/27 IN BMJ N319 PAG265. AC STJ DE 1983/12/07 IN BMJ N332 PAG459. AC STJ DE 1984/03/27 IN BMJ N335 PAG255. AC STJ DE 1987/05/20 IN BMJ N367 PAG483.
Sumário: I - Nos termos do art. 38, n. 1, da LCT69, todos os créditos resultantes do contrato de trabalho e da sua violação ou cessação, quer pertencentes à entidade patronal, quer pertencentes ao trabalhador, extinguem-se por prescrição, decorrido um ano a partir do dia seguinte àquele em que cessou o contrato de trabalho. II - Segundo os ns. 1 e 2 do art. 23 do CC, "a prescrição interrompe-se pela citação ou notificação judicial de qualquer acto que exprima, directa ou indirectamente, a intenção de exercer o direito - mas se a citação ou a notificação se não fizer dentro de 5...
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