Levantamento
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 178 |
Page 178
s.m. (lat. levare).
s.c.: acto ou efeito de levantar ou de amotinar; elevação; revolta.
Quando a providência cautelar tenha sido substituída por caução, fica esta sem efeito nos mesmos termos em que ficaria a providência substituída, ordenando-se o levantamento daquela.
A extinção do procedimento e o levantamento da providência são determinados pelo juiz, com prévia audiência do requerente, logo que se fique demonstrada nos autos a ocorrência do facto extintivo.
O executado pode requerer o levantamento da penhora e a condenação do exequente nas custas a que deu causa se, por negligência deste a execução tiver estado parada nos seis meses anteriores ao requerimento.
O levantamento da interdição ou inabilitação será requerido por apenso ao processo em que ela foi decretada.
Autuado o respectivo requerimento, serão notificados para deduzir oposição o M.P., o autor na acção de interdição ou inabilitação e o representante que tiver sido nomeado ao interdito ou inabilitado.
Remissões:
arts. 389.º/3/4, 847.º e 958.º C.P.C..
História:
O § 2.º, do art. 836.º do C.P.C. de 1876, dispunha que a...
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