Questão incidental
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 235 |
Page 235
s.f. (lat. quaestione).
s.c.: ponto para discutir ou ser examinado; tese; tema.
adj. 2 gén. (lat. incidente).
s.c.: relativo a incidente; superveniente.
O tribunal competente para a acção é também competente para conhecer dos incidentes que nela se levantem e das questões que o réu suscite como meio de defesa.
A decisão das questões e incidentes suscitados não constitui, porém, caso julgado fora do processo respectivo, excepto se alguma das partes requerer o julgamento com essa amplitude e o tribunal for competente do ponto de vista internacional e em razão da matéria e da hierarquia.
Remissão:
art. 96.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 18/10/01, in Col. Jur., 2001, 3.º-91.
Ac. S.T.J., de 9/12/99, in B.M.J., 492.º-370.
História:
O C.P.C. de 1961, consagrou, expressamente, a exigência de que o tribunal seja competente do ponto de vista internacional para poder, validamente, conhecer das questões incidentais surgidas no decurso da acção. Quanto à atribuição da força de caso julgado material, o C.P.C. de 1939 era muito mais amplo pois que atribuía tal força...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- Q
- Questão incidental
- Questão prejudicial
- Questão prévia
- Questão reconvencional
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