Court confirms appeal dismissing action for preferential deposit of price due to strict statutory time limits. The deadline for depositing the price in a preferential action is eight days following the notification of the citation order, as established by the Civil Code. This period is a strict caducity term that does not suspend during holidays, Sundays, Saturdays, or public holidays. The court ruled that the plaintiff failed to meet this mandatory requirement, resulting in the dismissal of the claim. The decision reinforces the rigidity of procedural deadlines in preferential actions under Portuguese civil law. Consequently, the appeal was upheld, confirming the lower court's judgment against the plaintiff. The case highlights the critical importance of adhering to specific temporal constraints in civil litigation. Failure to comply with these strict deadlines leads to the automatic expiration of the right to sue. The court's reasoning emphasizes the legislative intent to ensure swift resolution of preferential claims. This precedent serves as a clear warning to litigants regarding the necessity of precise procedural compliance. The judgment stands as a definitive interpretation of the relevant civil code provisions. Ultimately, the outcome underscores the non-negotiable nature of statutory time limits in this context.

Case Number 0501340

Court / Authority Tribunal da Relação do Porto

Jurisdiction Portugal (PT)

Decision Date 1991-02-05

Outcome Dismissed