State Act

Code of Comunidades of 1961

Art. 571 – The defence shall be rejected in limine :– 1. When it is not presented within ten days, as from the date of service of summons and the grounds raised are outside those mentioned in the article 570; 2. When it is not signed by the respondent and his lawyer or only by the lawyer when he is holding a power of attorney; 3. When the denial is not specific and raised parawise, indicating in what manner the accounts ought to be varied and what is the balance; 4. When, there is debit balance against the contesting party and no proof has been adduced of having effected a deposit corresponding to this balance and interest, when due, in records of the administration office or in the safe of the respective comunidade; 5. When it is not accompanied by the documents mentioned in the contestation, unless those documents are found in the archives of the administration office or of the respective comunidade and such statements is made in opposition; 6. When the ground is the errors in the accounts and the same accounts has been decided in a special procedure or in accordance with articles 512 and 513, unless there is a discrepancy between the respective decision and the summons of the current accounts. § 1. If, in the course of proceedings of opposition raised by the latter establishment in the proceedings under article 512 and 513 a certified copy of the decision shall be attached to the case file and such decision shall substitute the proceedings of the opposition against the current account in order to put an end to the respective case filed or to proceed in execution for recovery of the dept established in the same judgment. § 2. When the opposition is not in the conditions of being received and processed, it shall remain attached to the file, so that it could be considered by the higher authorities in the event of an appeal against the said decision which declared it.