Acórdão nº 061604 de Supremo Tribunal de Justiça (Portugal), 17 de Janeiro de 1967
Magistrado Responsável | TEIXEIRA DE ANDRADE |
Data da Resolução | 17 de Janeiro de 1967 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC39 ART291. CPC61 ART285 N1 N2 ART267 ART284 ART286 ART342 A ART481 A ART496 ART847 N2. CE54 ART56 N9. CCIV867 ART552.
Jurisprudência Nacional: AC STJ DE 1942/11/20 IN BOL OF ANO2 N14 PAG315.
Sumário : I - A primeira parte do n.2 do artigo 285 do Codigo de Processo Civil aplica-se a prescrição; a segunda parte, a caducidade. II - O artigo 286 do Codigo de Processo Civil exige, para que cesse a interrupção da instancia, que o autor remova a causa da paralisação do processo, promovendo o seu andamento ou o do incidente de que dependa tal andamento. III - Por força do n. 2, in fine, do artigo 847 do Codigo de Processo Civil, que e a revelação do principio geral de que a negligencia do autor so cessa quando promove o andamento do processo, não deixa de considerar- -se parada a acção ou a execução pelo facto de se remeter o processo a conta ou...
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