Acórdão nº 0003104 de Court of Appeal of Lisbon (Portugal), 30 de Abril de 1997
| Data | 30 Abril 1997 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. LCT89 ART10 N10 ART12 N1 A N3 C. CCIV66 ART224 N1 N2.
Jurisprudência Nacional: AC STJ DE 1992/04/02 IN BMJ N416 PAG485. AC RL DE 1985/02/13 IN CJ ANO1985 TI PAG236. AC RE DE 1989/04/18 IN CJ ANO1989 TII PAG305.
Sumário: I - A declaração de rescisão do contrato de trabalho é uma declaração unilateral receptícia que só surte efeito quando chega ao conhecimento do declaratário. II - É, porém, considerada igualmente válida e eficaz a declaração rescisória do contrato de trabalho que só por culpa do destinatário não foi por ele oportunamente recebida. III - Diz-se que age com culpa, para este efeito, o trabalhador que, tendo-lhe sido...
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