Desaforamento
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 95 |
Page 95
s.m. (lat. des + foru).
s.c.: acto ou efeito de desaforar; desaforo.
O art. 113.º do C.P.C. prevê a manobra dolosa do autor que devendo demandar o réu num certo tribunal, territorialmente competente, faça figurar no pleito um outro suposto réu, para assim conseguir obter o desaforamento da acção. A lei permite ao verdadeiro réu desmascarar o seu antagonista usando da excepção da incompetência relativa e comina a este as sanções da litigância dolosa ou de má fé. Claro que não basta que o autor tenha demandado réus que venham a ser considerados partes ilegítimas e cuja intervenção tenha determinado a deslocação da competência territorial; é necessário que se demonstre ter o autor agido dolosamente, com o propósito de obter o desaforamento.
Remissão:
art. 113.º C.P.C..
História:
Em volta do primitivo § único, do art. 16.º do C.P.C. de 1876, depois transformado em § 2.º do mesmo artigo, correspondente ao art. 86.º do Código actual, tinha-se introduzido nos tribunais um abuso e um artifício que dava ao autor a...
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