Irregularidade
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 165-166 |
Page 165
s.f. (lat. in + regulare).
s.c.: qualidade do que é irregular; falta de regularidade; erro.
A falta de procuração e a sua insuficiência ou irregularidade podem, em qualquer altura, ser arguidas pela parte contrária e suscitadas, oficiosamente, pelo tribunal.
Page 166
O juiz fixa o prazo dentro do qual deve ser suprida a irregularidade. Findo o prazo, fica sem efeito tudo o que tiver sido praticado pelo mandatário, devendo este ser condenado nas custas respectivas e, se tiver agido culposamente, na indemnização dos prejuízos a que tenha dado causa.
Sempre que o vício resulte de excesso de mandato, o tribunal participa a ocorrência ao Conselho Distrital da Ordem dos Advogados.
Remissão:
art. 40.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 20/1/03, in JTRP00035644/ITIJ/Net.
Ac. Rel. Porto, de 9/10/01, in Col. Jur., 2001, 4.º-202.
Ac. Rel. Porto, de 4/10/01, in Col. Jur., 2001, 4.º-201.
História:
No correspondente artigo do C.P.C. de 1876, previa-se a falta, insuficiência ou irregularidade do mandato. A Comissão Revisora objectou que o termo mandato não era, rigorosamente, exacto, resultando do...
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PEÇA SUA AVALIAÇÃO- Dicionário de Processo Civil
- I
- Igualdade
- Ilegitimidade
- Imediação
- Impedimento
- Impugnação
- Impulso processual
- Inabilitação
- Inabilitado
- Incapacidade
- Incapaz
- Incerto(s)
- Incidente
- Incompetência
- Indeferimento liminar
- Indemnização
- Ineptidão
- Inquérito judicial
- Inquirição
- Inspecção judicial
- Instância
- Instrução
- Interdição
- Intérprete
- Interrogatório
- Interrupção da audiência
- Interrupção da instância
- Intervenção de terceiros
- Inventário
- Investidura judicial
- Irregularidade
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