Acórdão nº 9610923 de Court of Appeal of Porto (Portugal), 03 de Março de 1997
| Magistrado Responsável | SOUSA PEIXOTO |
| Data da Resolução | 03 de Março de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: INDEFERIMENTO. ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART7 N2 ART323 ART326 ART327 N3 ART332 N1.
Jurisprudência Nacional: AC RC DE 1992/02/04 IN CJ T1 ANOXVII PAG97. AC STJ DE 1993/10/21 IN CJSTJ T3 ANOI PAG79.
Sumário: I - A grande diferença de regimes entre a prescrição e a caducidade reside no facto de nesta não existir a figura da interrupção com a consequente inutilização do tempo decorrido anteriormente à propositura da acção. II - Nos casos de absolvição da instância por motivo processual não imputável ao autor, se o prazo de caducidade tiver terminado ou terminar nos dois meses imediatos ao trânsito em julgado da decisão de absolvição, o autor pode aproveitar-se do...
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