Licitação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 179 |
Page 179
s.f. (lat. licitatione).
s.c.: acto de licitar; venda ou lanço em leilão.
Quando na conferência de interessados do processo de inventário não houve acordo, abre-se licitação entre os interessados.
Estão excluídos da licitação os bens que, por força da lei ou de negócio, não possam ser dela objecto, os que devam ser, preferencialmente, atribuídos a certos interessados e os que hajam sido objecto de pedido de adjudicação.
A licitação tem lugar, sendo possível, no mesmo dia da conferência de interessados e logo a seguir a ela.
É permitido desistir da declaração de que se pretende licitar até ao momento em que a respectiva verba seja posta a lanços; mas, nem por isso, a verba deixa de ser posta em licitação.
Esta tem a estrutura de uma arrematação a que somente são admitidos os herdeiros e o cônjuge meeiro, salvo os casos especiais, em que deva ser admitido o donatário ou o legatário.
Cada verba é licitada de per si, salvo se todos concordarem na formação de lotes para este efeito ou se houver algumas que não possam separar-se sem inconveniente.
Podem diversos interessados, por acordo, licitar na mesma verba ou lote para lhes ser adjudicado em comum na partilha.
Se o M.P. entender que o representante de algum incapaz ou equiparado não defendeu, devidamente, na licitação, os direitos e interesses do seu representado, requererá, imediatamente, ou dentro do prazo de 10 dias, a contar da licitação, que o acto seja anulado na parte respectiva, especificando, claramente, os fundamentos da sua arguição.
Ouvido o arguido, conhecer-se-á da arguição e, sendo procedente, decretar-se-á a anulação, mandando-se repetir o acto e cometendo-se ao M.P. a...
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