Transmissão entre vivos
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 285 |
Page 285
s.f. (lat. transmissione).
s.c.: acto ou efeito de transmitir; propagação num meio; contágio.
prep. (lat. inter).
s.c.: situação ou espaço intermédio; reciprocidade; pouca quantidade.
adj. (lat. viver).
s.c.: que vive; esperto; activo.
Salta aos olhos a diferença considerável que separa o caso de transmissão, por acto inter-vivos, da coisa ou direito em litígio do caso de falecimento ou extinção de alguma das partes. Ao passo que neste caso o evento determina a suspensão da instância e por isso a habilitação surge como condição necessária para que a causa possa prosseguir, no caso regulado no artigo 271.º a instância não se suspende, visto que o transmitente continua a ter legitimidade para a causa; daí vem que a habilitação do adquirente ou do cessionário é facultativa, quer dizer, não representa condição indispensável para o seguimento do processo. O adquirente pode habilitar-se como sucessor do alienante; mas pode deixar de o fazer, continuando neste caso o transmitente a figurar como parte, posto que já não tenha interesse na acção. O transmitente passa à categoria de substituto processual do adquirente ou cessionário.
Remissão:
art. 271.º C.P.C..
Jurisprudência:
Ac. Rel...
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