Anulação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 29 |
s.f. (lat. annulatione).
s.c.: acto ou efeito de anular; supressão; eliminação.
O erro na forma de processo importa unicamente a anulação dos actos que não possam ser aproveitados, devendo praticar-se os que forem, estritamente, necessários para que o processo se aproxime, quanto possível, da forma estabelecida pela lei. Percutindo: é nulo todo o processo depois da petição inicial, salvando-se apenas esta:
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quando o réu não tenha sido citado;
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quando não tenha sido citado logo no início do processo o M.P., nos casos em que deva intervir como parte principal.
Por outro lado, se a execução correr à revelia do executado e este não tiver sido citado, quando o deva ser ou houver fundamento para declarar nula a citação, pode o executado requerer a todo o tempo, no processo de execução, que esta seja anulada. Se, depois da venda, se reconhecer a existência de algum ónus ou limitação que não fosse tomado em consideração e que exceda os limites normais inerentes aos direitos da mesma categoria ou de erro sobre a coisa transmitida, por falta de...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- A
- Abalroaçao
- Abertura
- Abono
- Abreviatura
- Absolvição
- Acareacão
- Acção
- Aclaração
- Acórdão
- Acordo
- Acta
- Acto
- Adiamento
- Adjudicação
- Administrador
- Admissão
- Adquirente
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- Audiência contraditória
- Audiência de discussão e julgamento
- Audiência preliminar
- Ausência
- Ausente
- Auto
- Autodefesa
- Autor
- Autorização
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