Acórdão nº 9150318 de Court of Appeal of Porto (Portugal), 06 de Janeiro de 1992
Magistrado Responsável | VASCO FARIA |
Data da Resolução | 06 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART152 N1 ART196 ART967. DL 321-B/90 DE 1990/10/15 ART3 N1 B.
Jurisprudência Nacional: AC RE DE 1978/03/14 IN CJ ANOIII T2 PAG546.
Sumário: I - A norma especial do artigo 967, do Código de Processo Civil, ora revogado, pressupunha que o arrendatário não notificado ou citado pessoalmente habitava a casa onde a diligência da notificação ou citação foi feita ou a ela se encontrava ligado, de tal modo que a pessoa em que foi efectuada a citação ou notificação lhe daria conta, sem demora, dessa diligência - sendo essa mesma razão que justifica que baste um só duplicado dos articulados para os cônjuges demandados que vivam em economia comum ( artigo 152, nº 1, do Código de Processo Civil ). II - Vivendo os cônjuges demandados na mesma casa, embora diferente do arrendado, era, a tal hipótese, aplicável, por interpretação extensiva, o regime da citação ou notificação...
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