Acórdão nº 9950301 de Court of Appeal of Porto (Portugal), 12 de Abril de 1999
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 12 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART117 N1 D ART148 N1. CCIV66 ART279 E ART323 N2 N3 ART498 N1 N3. CPC67 ART144 N4 ART478.
Jurisprudência Nacional: AC STJ DE 1996/04/30 IN BMJ N456 PAG376. AC STJ DE 1984/03/27 IN BMJ N335 PAG255. AC RP DE 1995/03/14 IN CJ T2 ANOXX PAG193.
Sumário: I - Para que se verifique a interrupção da prescrição, nos termos do artigo 323 n.2 do Código Civil, a lei não exige uma diligência excepcional ao autor, impondo-lhe apenas dois requisitos: que requeira a citação antes de cinco dias do fim do prazo da prescrição e, caso a citação não se efective dentro deste período de tempo, que não lhe seja imputável a causa dessa demora. II - A expressão " causa não imputável ao requerente " deve ser interpretada em termos de causalidade objectiva, ou seja, no sentido de que a conduta do requerente só exclui a prescrição quando tenha infringido objectivamente a lei em qualquer termo processual, desde a propositura da acção e até à verificação da citação. III - Recaindo o quinto dia posterior ao requerimento da citação em férias...
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