Acórdão nº 002885 de Supremo Tribunal de Justiça (Portugal), 03 de Abril de 1991
Magistrado Responsável | ROBERTO VALENTE |
Data da Resolução | 03 de Abril de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR CIV - TEORIA GERAL. DIR PROC CIV. DIR PROC TRAB.
Legislação Nacional: CCIV66 ART323 N1 N2. CPC67 ART65-A ART722 N2 ART729 N2. CPT81 ART11 ART15 N1.
Jurisprudência Nacional: AC STJ DE 1979/04/24 IN BMJ N286 PAG252. AC STJ DE 1979/11/06 IN BMJ N291 PAG466. AC STJ DE 1980/07/08 IN BMJ N299 PAG294. AC STJ DE 1981/02/10 IN BMJ N304 PAG406. AC STJ DE 1982/12/10 IN BMJ N312 PAG282. AC STJ DE 1988/06/15 IN AD N323 PAG1455. AC STJ DE 1987/11/19 IN BMJ N371 PAG361. AC STJ DE 1989/11/29 IN AD N334 PAG434.
Sumário : I - Para efeitos do artigo 323 n. 2 do codigo civil, não e imputavel ao requerente a não realização da citação no prazo de 5 dias, sempre que isso se deva a razões de organica judiciaria, de indole processual ou de regime tributario, tais como ferias judiciais, omissão do pedido de citação previa, utilização do prazo para pagamento de preparo, envio de deprecada, ou outra razão imputavel ao tribunal no cumprimento de diligencias. II - A interpretação...
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