NP2 – 17.04.2023 - In the voluntary jurisdiction, the form of defense is the impugnation, but the preliminary defenses of art. 337 CPC, except for ...
NP2 – 17.04.2023 - In the voluntary jurisdiction, the form of defense is the impugnation, but the preliminary defenses of art. 337 CPC, except for the arbitration convention, are applicable. What is the correct statement about the incompetence of the judge? a) The relative incompetence can be alleged in preliminary defense, and if the interested party does not allege it, the competence will be extended to the judge who was relatively incompetent. b) The absolute incompetence can be alleged in preliminary defense, and if the interested party does not allege it, the competence will be extended to the judge who was absolutely incompetent. c) The relative incompetence can be alleged in preliminary defense, but if the interested party does not allege it, the competence will not be extended to the judge who was relatively incompetent. d) The absolute incompetence can be alleged in preliminary defense, but if the interested party does not allege it, the competence will not be extended to the judge who was absolutely incompetent.
a) The relative incompetence can be alleged in preliminary defense, and if the interested party does not allege it, the competence will be extended to the judge who was relatively incompetent. b) The absolute incompetence can be alleged in preliminary defense, and if the interested party does not allege it, the competence will be extended to the judge who was absolutely incompetent. c) The relative incompetence can be alleged in preliminary defense, but if the interested party does not allege it, the competence will not be extended to the judge who was relatively incompetent. d) The absolute incompetence can be alleged in preliminary defense, but if the interested party does not allege it, the competence will not be extended to the judge who was absolutely incompetent.
A resposta correta é a alternativa c) A incompetência relativa pode ser alegada em defesa preliminar, mas se a parte interessada não alegar, a competência não será estendida ao juiz que foi relativamente incompetente.
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