Acórdão nº 9140826 de Court of Appeal of Porto (Portugal), 04 de Maio de 1992
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 04 de Maio de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV / TEORIA GERAL.
Legislação Nacional: CCIV67 ART498 N1 N3. CP82 ART112 N1 ART117 N1 E ART148 N4.
Jurisprudência Nacional: AC RL DE 1983/03/03 IN CJ ANOVIII T2 PAG94. AC RC DE 1988/10/11 IN CJ ANOXIII T4 PAG79. AC STJ DE 1979/11/06 IN BMJ N291 PAG466.
Sumário: I - O prazo de prescrição previsto pelo nº 3 do artigo 498 do Código Civil não se afasta com a extinção do crime por o lesado não ter exercido o direito de queixa. II - O lesado, ao prevalecer-se do prazo do nº 3 do artigo 498 do Código Civil, terá de provar que o facto...
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