Acórdão nº 9451034 de Court of Appeal of Porto (Portugal), 26 de Junho de 1995
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 26 de Junho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV / DIR OBG.
Legislação Nacional: CCIV66 ART323 ART342 N1 ART498 N1 N3.
Jurisprudência Nacional: AC STJ DE 1988/12/14 IN BMJ N382 PAG488. AC RL DE 1988/03/03 IN CJ T2 ANOVIII PAG95.
Sumário: I - Para efeitos do disposto no n.3 do artigo 498 do Código Civil deve atender-se tanto aos prazos de prescrição do procedimento criminal como ao de queixa. II - Pretendendo o recorrente beneficiar do prazo mais longo de prescrição ( 5 anos ) compete-lhe alegar e demonstrar - artigo 342 do Código Civil - ter exercido atempadamente o referido direito de queixa. III - O estabelecido no n.2 do artigo 323 do Código Civil só é relevante quando a citação ou notificação é efectivamente efectuada, embora para além do prazo nele referido. IV - A retroactividade relativa á interrupção da prescrição assenta no pressuposto de que a citação ou notificação que não foi feita nos cinco dias seguintes ao requerimento, por causa não imputável ao requerente, venha a ser realizada em momento posterior. V - E isto...
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