Acórdão nº 9120724 de Court of Appeal of Porto (Portugal), 16 de Março de 1992
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 16 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART267 N1 ART463 N1 ART478 N2 ART487 N2 ART490 N1 ART493 N2 N3 ART494 ART505 ART511 N1 ART646 N4 ART653 N2 ART659 N3 ART712 N1 B ART713 N2. CCIV66 ART323 N1 N2 ART498 N1 ART562 ART566.
Jurisprudência Nacional: AC STJ DE 1972/11/30 IN BMJ N221 PAG222. AC STJ DE 1979/04/24 IN BMJ N286 PAG234. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC RE DE 1986/12/11 IN CJ ANOXI T5 PAG300. AC RC DE 1990/10/02 IN CJ ANOXV T4 PAG66.
Sumário: I - O artigo 323, nº 2 do Código Civil como que estabelece uma presunção: a ideia de que, normalmente, é suficiente para efectuar a citação o prazo de cinco dias a contar da apresentação em juízo e de que, em princípio, ela deverá estar feita dentro dos cinco dias subsequentes ao seu requerimento. II - A falta de resposta à contestação-excepção implica que se tenham que considerar os factos constitutivos da excepçao admitidos por acordo das partes; assim, tais factos devem ser levados à especificação e não ao...
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