Acórdão nº 082876 de Supremo Tribunal de Justiça (Portugal), 31 de Março de 1993
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 31 de Março de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. REVISTA.
Decisão: NEGADO PROVIMENTO. NEGADA A REVISTA.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART520 ART521 N1.
Sumário : I - A antecipação da prova está condicionada por um juízo de probabilidade, baseado na experiência comum, no sentido de se prever a impossibilidade ou grande dificuldade de se poder realizar o acto probatório na data prevista pelo desenvolvimento normal do processo. A simples dificuldade ou um eventual adiamento da diligência não bastam. II - Para além de fundamentar a admissibilidade substantiva da antecipação, o requerente deve fazer prova sumária do que alega. Ainda que sumária, a justificação não pode ficar-se por uma vaga e sintética referência a uma saída para o estrangeiro ou a uma intervenção em julgamento. III - Em acção de honorários de advogado por serviços prestados em inventários, se estes estão apensos, não interessa à decisão da causa quesitar se o réu herdou um valioso património...
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