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Answer with sources
Qual é o regime de responsabilidade civil do advogado em Portugal?

Sources

[1] Código Civil · art. 798.º
Responsabilidade contratual
[2] Código Civil · art. 309.º
Prescrição ordinária: vinte anos
[3] Tribunal da Relação
Prazos processuais perdidos como fundamento de responsabilidade

Mowly's answer

Perante o cliente, o advogado responde nos termos da responsabilidade contratual, por violação dos deveres do mandato, e deve atuar com a diligência de um profissional médio.1

Essa responsabilidade prescreve no prazo ordinário de vinte anos; o prazo de três anos do art. 498.º aplica-se apenas à responsabilidade extracontratual.2

Os tribunais superiores tratam a perda de prazos e a omissão de peças processuais como fundamento de uma ação de responsabilidade.3

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Diogo Mandim

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Assistente Jurídico

Perfil: Advogado Litigante · Jurisdição: PT

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Every answer built on verifiable law

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Core Jurisdictions

95%

Data Accuracy Rate

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Frequently asked questions

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What is Mowly?

Mowly is the AI-native legal ecosystem for law firms and in-house legal teams. It brings together the legal assistant, the Word, Excel and Outlook add-ins, the Chrome extension, the client portal, due diligence and automations, and a team of Legal Engineers who lead the transition with you, from training to ongoing support.

Which legal data sources does Mowly use?

Mowly draws on more than 200 official legal sources, including government gazettes, court databases, regulatory bodies, legal publications, treaty collections and standards bodies, alongside the knowledge your firm chooses to connect.

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