Suspensão
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 273 |
Page 273
s.f. (lat. suspensione).
s.c.: acto ou efeito de suspender; estado do que se acha suspenso; prolongamento de valor na execução de uma nota ou pausa musicais.
A suspensão da instância consiste no seu estado de repouso motivado por um evento de certo modo estranho à vontade das partes.
Enquanto durar a suspensão só podem praticar-se validamente os actos urgentes destinados a evitar dano irreparável.
A instância suspende-se nos casos seguintes:
* quando falecer ou se extinguir alguma das partes;
* nos processos em que é obrigatória a constituição de advogado, quando este falecer ou ficar absolutamente impossibilitado de exercer o mandato; nos outros processos, quando falecer ou se impossibilitar o representante legal do incapaz, salvo se houver mandatário judicial constituído;
* quando o tribunal ordenar a suspensão;
* nos outros casos em que a lei o determinar especialmente:
Remissões:
arts. 276.º a 284.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 15/10/02, in JTRC01807/ITIJ/Net.
Ac. Rel. Porto, de 17/4/01, in JTRP00029956/ITIJ/Net.
Ac. S.T.J., de 16/5/00, in B.M.J., 497.º-329.
História:
Antes da actual redacção do art. 277.º do...
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