Acórdão nº 082876 de Supremo Tribunal Administrativo (Portugal), 31 de Março de 1993 (caso None)
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 31 de Março de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decis„o: NEGADO PROVIMENTO. NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART520 ART521 N1.
Sum·rio : I - A antecipaÁ„o da prova est· condicionada por um juÌzo de probabilidade, baseado na experiÍncia comum, no sentido de se prever a impossibilidade ou grande dificuldade de se poder realizar o acto probatÛrio na data prevista pelo desenvolvimento normal do processo. A simples dificuldade ou um eventual adiamento da diligÍncia n„o bastam. II - Para alÈm de fundamentar a admissibilidade substantiva da antecipaÁ„o, o requerente deve fazer prova sum·ria do que alega. Ainda que sum·ria, a justificaÁ„o n„o pode ficar-se por uma vaga e sintÈtica referÍncia a uma saÌda para o estrangeiro ou a uma intervenÁ„o em julgamento. III - Em acÁ„o de honor·rios de advogado por serviÁos prestados em invent·rios, se estes est„o apensos, n„o interessa ‡ decis„o da causa quesitar se o rÈu herdou um valioso patrimÛnio...
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