Acórdão nº 9050090 de Court of Appeal of Porto (Portugal), 09 de Outubro de 1990
Magistrado Responsável | MARTINS DA COSTA |
Data da Resolução | 09 de Outubro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART486 N2 ART783 ART784 N1 N2 ART193 N2.
Jurisprudência Nacional: AC STJ DE 1985/11/26 IN BMJ N351 PAG358.
Sumário: I - A faculdade decorrente do artigo 486, n. 2 do Código de Processo Civil, é uma simples faculdade concedida aos réus pela circunstância de possibilitar uma defesa conjunta, quando nisso tiverem interesse, e de não ser susceptível de atrasar o andamento do processo. II - Qualquer dos réus, uma vez citado, não tem de ser notificado das ocorrências posteriores, com influência na prorrogação, com a citação de outros ou a apresentação do pedido de desistência. Isto resulta, de modo claro, do facto de se tratar de mera faculdade e dos termos em que ela é concedida por aquele preceito, dada a referência a outro "prazo que começou a correr..." e ao dia em que foi apresentado o pedido de desistência. III - Assim, quem pretender beneficiar daquela prorrogação, terá de ser diligente em tomar conhecimento directo do que se for passando no processo, sem aguardar qualquer notificação judicial, sob pena de, em certo momento, já não poder apresentar a contestação. IV - A insuficiência de factos para a produção do efeito jurídico pretendido não se traduz em ineptidão da petição inicial; traduz...
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