Falecimento
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 122 |
Page 122
s.m. (lat. fallescere).
s.c.: acto ou efeito de falecer; morte; falha.
Junto ao processo documento que prove o falecimento de qualquer das partes, suspende-se imediatamente, a instância, salvo se já tiver começado a audiência de discussão oral ou se o processo já estiver inscrito em tabela para julgamento. Neste caso, a instância só se suspende depois de proferida a sentença ou o acórdão.
A parte deve tornar conhecido no processo o facto da morte ou da extinção do seu comparte ou da parte contrária, providenciando pela junção de documento comprovativo.
São nulos os actos praticados no processo posteriormente à data em que ocorreu o falecimento que devia determinar a suspensão da instância, em relação aos quais fosse admissível o exercício do contraditório pela parte que faleceu.
Esta nulidade fica, porém, suprida se os actos praticados vierem a ser ratificados pelos sucessores da parte falecida.
A instância suspende-se ainda, nos processos em que é obrigatória a constituição de advogado, quando este falecer...
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