Tentativa de conciliação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 276-277 |
Page 276
s.f. (lat. tentativu).
s.c.: acto em que se tenta alguma coisa; experiência; ensaio.
s.f. (lat. conciliatione).
s.c.: acto ou efeito de conciliar ou conciliar-se; concordância; acordo de partes desavindas.
Quando a causa couber no âmbito dos poderes de disposição das partes, pode ter lugar, em qualquer estado do processo, tentativa de conciliação, desde que as partes conjuntamente o requeiram ou o juiz a considere oportuna, mas as partes não podem ser convocadas exclusivamente para esse fim mais que uma vez. As partes são notificadas para comparecerem pessoalmente ou se fazerem representar por mandatário judicial com poderes especiais, quando residam na área do círculo judicial ou na respectiva ilha, tratando-se das regiões autónomas ou quando, aí não residindo, a comparência não repre-Page 277sente sacrifício considerável, atenta a natureza e o valor da causa e a distância da deslocação.
A tentativa de conciliação é presidida pelo juiz e terá em vista a solução de equidade mais adequada aos termos do litígio.
Frustrando-se, total ou parcialmente, a conciliação, ficam consignados em acta os fundamentos que, no entendimento das partes, justificam a persistência do litígio.
Apresentada a petição de acção de divórcio ou de separação litigiosa, se a acção estiver em condições de prosseguir, o juiz designará dia para uma tentativa de conciliação, sendo o autor notificado e o réu...
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