Documento
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 104 |
Page 104
s.m. (lat. documentu).
s.c.: declaração escrita, que serve de exemplo ou prova; tudo o que serve para provar; testemunho.
Documento é a peça que reproduz algo já ocorrido, varredor inalterável de um facto passado, frio, imperturbável a factores exógenos, como endógenos, alheio a humores, estados físicos ou psíquicos, como que uma vox mortua.
Chiovenda define: toda a representação material destinada a reproduzir e idónea para reproduzir, determinada manifestação de pensamento - uma espécie de voz gravada para sempre.
Para Betti: coisa formada sobre um facto e destinada a fixar de modo permanente ou a sua percepção ou a sua impressão física para o representar no futuro.
Carnelutti diz: qualquer meio de prova, qualquer meio objectivo de prova com exclusão do testemunho, qualquer objecto que traduza uma vontade ou pensamento, escrito contendo qualquer facto ou objecto.
Remissões:
arts. 50.º, 51.º,1476.º a 1478.º C.P.C..
arts. 362.º a 387.º C.C.
Jurisprudência:
...Para continuar a ler
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