Réplica
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 254 |
Page 254
s.f. (lat. replicare).
s.c.: acto ou efeito de replicar; resposta ao que foi respondido; contestação.
À contestação pode o autor responder na réplica, se for deduzida alguma excepção e somente quanto à matéria desta; a réplica serve também para o autor deduzir toda a defesa quanto à matéria da reconvenção, mas a esta não pode ele opor nova reconvenção.
A principal função atribuída à réplica, em termos de síntese muito concentrada, é a de resposta à contestação. Como resposta à contestação pode a réplica visar, todavia, dois objectivos distintos: corrigir, completar ou esclarecer a versão dada na petição inicial aos factos constitutivos do direito do autor ou à fundamentação jurídica da sua pretensão, por um lado; atacar as excepções deduzidas pelo réu, impugnando os factos em que elas se fundam ou alegando quaisquer causas impeditivas, modificativas ou extintas da sua eficácia (contra-excepções), por outro. No caso especial das acções de mera apreciação ou declaração negativa, a réplica servirá para o autor impugnar os factos constitutivos que o réu tenha alegado e para invocar os factos impeditivos, modificativos ou extintivos do direito que o réu se haja arrogado.
Remissão:
art. 502.º C.P.C..
Jurisprudência:
Ac. Rel. Porto, de 28/1/03, in JTRP00034956/ITIJ/Net.
Ac. Rel. Coimbra, de 16/5/00, in Col. Jur., 2000, 3.º-14.
História:
O número dos articulados da acção ordinária, que integram a fase introdutória do processo, sofre uma redução substancial. Por um lado, é...
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