O negócio jurídico processual como fonte normativa de legitimação extraordinária
No Thumbnail Available
Date
2021-04-28
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
Abstract
The objective of this Scientific Article is to contribute to the study and discussion
related to the practical effects arising from the alteration promoted by the Code of Civil Procedure of
2015 (Law 13.105 / 2015), with regard to the extraordinary legitimacy “ad causam”, making it
possible from the its duration the figure of extraordinary legitimacy of business origin. Initially,
dealing with procedural legal affairs, with an explanation of the general notions, species and their
requirements for validity. Subsequently, an analysis will be made about the “ad causaum” legitimacy,
focusing on extraordinary legitimacy and the changes suffered due to the advent of the Civil Code of
2015. At the end, there is the Procedural Legal Business as a normative source of extraordinary
legitimacy, as well as its full viability, both active and passive, taking into account the differences and
practical effects, depending on the type of legitimacy that the parties intend with the conclusion of the
deal.
Description
Keywords
Negócio jurídico processual, Fonte normativa, Código de processo civil, Legitimidade extraordinária ad causam, Procedural legal business, Normative source, Civil pocedure code, Extraordinary legitimacy ad causam