Aquisição
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 32 |
Page 32
s.f. (lat. acquisitione).
s.c.: acto ou efeito de adquirir; o que se adquiriu.
Princípio da aquisição processual: os materiais (afirmações e provas) aduzidos por uma das partes ficam adquiridos para o processo. São atendíveis mesmo que sejam favoráveis à parte contrária (ungunstige Parteivorbringen). Rosenberg-Schwab exceptua, quanto às simples afirmações, o caso de esta parte as impugnar. Quanto ao seu outro aspecto o princípio traduz-se na comunidade das provas. Desta comunidade deriva que a parte não pode renunciar às suas provas, uma vez produzidas - embora delas possa desistir antes disso.
Remissão:
art. 515.º C.P.C..
Jurisprudência:
Ac. S.T.J., de 9/7/82, in B.M.J., 319.º-234.
História:
O art. 515.º do actual C.P.C. corresponde ao n.º 2, do art. 515.º do Código de 1961. O n.º 1, desse artigo regulava...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- A
- Abalroaçao
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- Audiência preliminar
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- Auto
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