Acórdão nº 0048266 de Court of Appeal of Lisbon (Portugal), 02 de Dezembro de 1993
| Magistrado Responsável | PEREIRA DE CARVALHO |
| Data da Resolução | 02 de Dezembro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ORDENADO O PROSSEGUIMENTO DO PROCESSO.
Área Temática: DIR CIV - TEORIA GERAL /DIR CONTRAT.
Legislação Nacional: CCIV66 ART298 ART328 ART1051 ART1052 ART1055 ART1094.
Sumário: I - A caducidade envolve sempre a ideia de um período temporal dentro do qual o direito deve ser exercido e, não o sendo, extingue-se; pelo que há a perda de um direito pelo decurso do tempo. II - A caducidade pressupõe e postula a prévia existência de um direito; pelo que só caducará um direito que já exista. III - É em função da lei vigente ao tempo da denúncia...
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