Acórdão nº 9421086 de Court of Appeal of Porto (Portugal), 14 de Março de 1995
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 14 de Março de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: DL 522/85 DE 1985/12/31 ART29 N1 N9. CCIV66 ART323 N1 N2 ART498 N1. CPC67 ART274 N1 ART510 N1 B N3.
Jurisprudência Nacional: AC RC DE 1994/03/22 IN CJ T2 ANOXIX PAG17. AC RP DE 1988/10/06 IN CJ T4 ANOXIII PAG190. AC RP DE 1988/02/18 IN TJ N45 PAG31. AC RL DE 1983/05/10 IN CJ T3 ANOVIII PAG116. AC STJ DE 1984/03/27 IN BMJ N335 PAG255. AC RP DE 1994/02/01 IN CJ T1 ANOXIX PAG224.
Sumário: I - A interrupção da prescrição, por meio de citação requerida na petição inicial, não deixa de se verificar se a citação ocorrer, por causa não imputável ao autor, após o prazo de 5 dias em que ela normalmente deveria realizar-se. II - Recaindo o quinto dia posterior ao requerimento de citação em férias judiciais, não é imputável ao requerente a citação efectuada depois de terminadas as férias. III - Para interromper a prescrição do direito de indemnização não basta o exercício extrajudicial do direito, é necessária a prática de actos judiciais que...
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