Acórdão nº 073432 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1987
Data | 13 Janeiro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: RODRIGUES BASTOS IN NOTAS AO CPC VIII PAG247. M ANDRADE IN TEORIA GERAL DAS OBRIGAÇÕES PAG409.
Área Temática: DIR CIV - TEORIA GERAL. DIR COM - TIT CREDITO.
Legislação Nacional: CCIV66 ART286 ART302 N1 ART323 N1 N2 ART325 N1 ART326 N1 ART790 N1 ART792 N1. LULL ART32 ART47 ART70 ART77 ART78. CPC67 ART668 N1 D ART716 N1.
Jurisprudência Nacional: AC STJ DE 1981/12/10 IN BMJ N312 PAG281. AC STJ DE 1982/05/06 IN BMJ N317 PAG239. AC STJ DE 1979/06/19 IN BMJ N282 PAG373. AC STJ DE 1982/10/07 IN BMJ N320 PAG403.
Sumário : I - Dispõe o artigo 323 do Codigo Civil que a prescrição se interrompe pela citação e que se a citação não for feita dentro de cinco dias depois de ter sido requerida, por causa não imputavel ao requerente, tem-se a prescrição por interrompida logo que decorram os cinco dias. II - A nulidade prevista na alinea d) do n. 1 do artigo 668 do Codigo do Processo Civil pressupõe a omissão de pronuncia sobre questões postas pelas...
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