Acórdão nº 0053354 de Court of Appeal of Lisbon (Portugal), 21 de Março de 1990
| Magistrado Responsável | HIPOLITO PEREIRA PINTO |
| Data da Resolução | 21 de Março de 1990 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB.
Legislação Nacional: LCT69 ART38. CCIV66 ART323 N2.
Jurisprudência Nacional: AC STJ DE 1982/07/27 IN BMJ N319 PAG265.
Sumário: I - Segundo o n. 2 do art. 323 do Código Civil, se a citação se não fizer dentro de cinco dias depois de ter sido requerida, por causa não imputável ao requerente, tem-se a prescrição por interrompida logo que decorram os cinco dias. II - Deve, pois, entender-se que a interrupção da prescrição se verifica quando o retardamento da citação seja causado apenas por motivos de índole processual e de organização judiciária. III - Tendo a Autora sido despedido em...
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