Acórdão nº 0410004 de Court of Appeal of Porto (Portugal), 21 de Março de 1991
| Magistrado Responsável | EDUARDO MARTINS |
| Data da Resolução | 21 de Março de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1041 N1 ART1048. CPC67 ART145 ART783 ART973.
Jurisprudência Nacional: AC STJ DE 1985/03/26 IN BMJ N345 PAG362.
Sumário: I - Conforme jurisprudencia pacifica, os recursos são meios de obter a modificação das decisões recorridas e não de criar decisões sobre materia nova. II - A norma do n. 1 do artigo 1041 do Codigo Civil não fala em prazo de contestação e muito menos em prazo normal da contestação; utiliza apenas a expressão "ate a contestação da acção", o que tem o claro significado de querer dizer que o deposito, para produzir a caducidade do direito a resolução do contrato, tem de ser feito ate a data da apresentação da contestação, que pode ser efectuada, mas com o pagamento de multa, dentro dos tres dias imediatos ao termo do prazo de 10 dias fixado por lei...
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