Acórdão nº 9821520 de Court of Appeal of Porto (Portugal), 27 de Abril de 1999
Magistrado Responsável | MARIO CRUZ |
Data da Resolução | 27 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CPC67 ART668 N1 B ART147 N2 ART698 N2. CCIV66 ART328 ART331 N1.
Sumário: I - Não se invocando qualquer preceito expresso a fundamentar o indeferimento de pedido de prorrogação de prazo para produzir alegações, comete-se a nulidade prevista no artigo 668 n.1 alínea b) do Código de Processo Civil. II - Conforme estabelece o artigo 147 n.2 do Código de Processo Civil, havendo acordo das partes o prazo é prorrogável por uma vez e por igual período de tempo. III - O prazo de 30 dias para alegações, previsto no artigo 698 n.2 do Código de Processo Civil, é um prazo processual sujeito à disciplina atinente à caducidade. IV - De acordo com o disposto no artigo 328 do Código Civil, o prazo de caducidade não se suspende nem se interrompe senão nos casos em que a lei o determine. V - E conforme se dispõe no artigo 331 n.1 do Código Civil, só impede a caducidade a prática, dentro do prazo legal ou convencional, do acto a que a lei ou convenção atribua efeito impeditivo. VI - Para que a...
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