Yalnizca The World and Modern Science
  • Code Guardianship

    Filed under News
    Dec 5

    The effect of the sentence pronounced against the Public Farm are accurately the same ones produced for a sentence against which apelao.&#039 was interposed; ' concluding, after that, its reasoning, of the following form: ' ' One sees, therefore, that to take advantage the argument according to which not the anticipation of the guardianship against the Public Farm in face of the double degree of jurisdiction is permissible, is had to also understand the anticipation of the guardianship in any incabvel in case that, rank that always will be able to occur the appeal interposition. Interposed this, the sentence could only be executed after confirmed for the Tribunal.' ' Also contrary the possibility of if anticipating the guardianship in face of the public being, the positioning of Raphael Silva Salvador meets that, previously to Law 9,494/97, said to be ' ' impossible the anticipated guardianship granted in favor of author against the Union, the State and the City, therefore, would have, obligatorily, order of necessary reexame there if the concession was in final judgement, what sample that is not possible, then, the anticipated guardianship, that would burlaria the foreseen legal protection in art. 475, II, of the Code of Civil action. Exactly with the robust arguments of the doutrinadores above cited thinking for not concession of anticipated guardianship against the public farm. In the direction back of these and in accordance with the doctrinal and jurisprudencial positioning, as well as the legal forecast we understand to be possible the concession of Anticipated Guardianship in face of the public farm. However, as well as the simple concession foreseen in art. 273 of the CPC, this impreterivelmente do without the fulfilling of the requisite ensejadores of the same one. Without the shadow of a doubt, it is clearly, that one that will be authorized to promote the execution provisory of the decision, if benefited with the anticipated guardianship, will have advantage on that will be obliged to wait the judgements of merits and to promote the execution. Get more background information with materials from Michael Mirilashvili.

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