Acórdão nº 074731 de Supremo Tribunal de Justiça (Portugal), 20 de Maio de 1987
Magistrado Responsável | MENERES PIMENTEL |
Data da Resolução | 20 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR COM - TIT CREDITO.
Legislação Nacional: LULL ART70. CCIV66 ART323 N2. CPC39 ART253.
Jurisprudência Nacional: AC STJ DE 1979/04/24 IN BMJ N286 PAG252. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC STJ DE 1981/12/10 IN BMJ N312 PAG281. AC STJ DE 1982/07/27 IN BMJ N319 PAG265. ASS STJ DE 1962/06/12 IN BMJ N118 PAG313.
Sumário : I - Os prazos fixados no artigo 70 da Lei Uniforme sobre Letras e Livranças são de prescrição, sujeitos a interrupção, nos termos do artigo 323 do Codigo Civil. II - Para que se verifique a interrupção da prescrição a lei não exige uma diligencia excepcional ao autor, pedindo-lhe apenas duas coisas: requerimento da citação antes de cinco dias do fim do prazo de prescrição e, caso a citação não se efective dentro deste periodo de tempo, que não lhe seja imputavel a causa dessa demora. III - A expressão "causa não imputavel ao requerente" usada no artigo 323 do Codigo Civil deve ser interpretada em termos de causalidade objectiva, ou melhor, a conduta do requerente so exclui a interrupção da prescrição quando tenha infringido...
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