Acórdão nº 0123630 de Court of Appeal of Porto (Portugal), 28 de Junho de 1990
| Magistrado Responsável | AUGUSTO ALVES |
| Data da Resolução | 28 de Junho de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART778 N3 ART780 N2 N3.
Sumário: A interpretação objectiva dos artigos 778, número 3 e 780, números 2 e 3 do Código de Processo Civil conduz à conclusão de que o sentido evidente da lei é o de que o prazo da propositura da acção de simulação é de 5 anos subsequentes ao trânsito em julgado da sentença de que se pretende interpor recurso. E o recurso aos elementos racional e sistemático confirmam esse sentido. O prazo de um ano referido no número 3 do artigo 780 do Código de Processo Civil só releva se estiver esgotado o prazo de cinco anos referido no número 2 do mesmo...
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