Acórdão nº 071089 de Supremo Tribunal Administrativo (Portugal), 07 de Dezembro de 1983 (caso None)
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 07 de Dezembro de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART323 N2 ART498 N1. CP886 ART125 PAR2 ART368. CPC67 ART478 N2.
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.
Sumário : I - O prazo de prescrição a que se refere o n. 3 do artigo 498 do Código Civil não é afastado por efeito de eventual amnistia do ilícito criminal, competindo, no entanto, ao lesado, se dele quiser prevalecer-se alegar e demonstrar que o facto ilícito, invocado como fundamento da responsabilidade civil, integraria o tipo legal de crime. II - Quando a citação é requerida "nos termos e para os efeitos do artigo 323 do Código Civil" é permissível o entendimento de que os invocados e requeridos "termos" têm implícita correspondência na correlativa citação prévia, prevista no artigo 478, n. 2, do Código de Processo Civil. III - Se o retardamento da citação for causado por motivos de índole processual e de organização judiciária, não imputáveis ao demandante, que requereu a...
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