Litispendência
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 184 |
Page 184
s.f. (lat. litispendentia).
s.c.: estado de um processo que está pendente; decurso de um processo judicial.
As excepções da litispendência e do caso julgado pressupõem a repetição de uma causa; se a causa se repete estando a anterior ainda em curso, há lugar à litispendência; se a repetição se verifica depois de a primeira causa ter sido decidida por sentença que já não admite recurso ordinário, há lugar à excepção do caso julgado. A excepção de litispendência consiste, pois, na alegação de que está pendente causa idêntica àquela que novamente se propôs; a excepção de caso julgado consiste na alegação de que a acção proposta é idêntica a outra (ou é a repetição de outra) já decidida por sentença com trânsito em julgado. A excepção da litispendência exprime o facto: está pendente causa idêntica a esta. A excepção de caso julgado exprime o facto: causa idêntica a...
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