Acórdão nº 9720265 de Court of Appeal of Porto (Portugal), 17 de Junho de 1997
Magistrado Responsável | AFONSO CORREIA |
Data da Resolução | 17 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART279 E ART323 N1 N2 ART325 N1 ART326 N1 ART498 N1.
Jurisprudência Nacional: AC STJ DE 1984/03/27 IN BMJ N335 PAG255. AC STJ DE 1987/05/05 IN BMJ N367 PAG510. AC STJ DE 1995/02/09 IN BMJ N444 PAG570.
Sumário: I - Se o autor intentou a acção, requerendo a citação, com a antecedência legal mínima e, posteriormente até à efectivação da citação, não infringiu a lei então esta, mediante o artigo 323 n.2 do Código Civil, estabelece a seu favor a ficção de a citação ter ocorrido no 5º dia posterior ao respectivo requerimento. II - A citação efectuada para além do 5º dia após aquele em que for requerida não é imputável ao respectivo requerente quando a demora é devida a motivos de índole processual, de organização judiciária, negligência do tribunal ou dos seus funcionários, dolo do devedor, acumulação de serviço ou outras circunstâncias anómalas. III - Não...
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