SOME QUESTIONS ABOUT THE DISCRIMINATORY NOTE AND JUSTIFICATION OF PART COSTS

Abstract

We will address some questions about the discriminatory note and justification of part costs, starting from the analysis of the applicable legislation and the relevant doctrine and jurisprudence. It is reflected in particular on: if the discriminatory and justification note is not sent within the period of 10 days referred to in article 25, paragraph 1 of the RCP, it will
imply or not the lapse of the respective right; the mandatory deposit of the total amount in the discriminatory note and justification of the part costs at the time of the claim; and finally, the ratio underlying article 26-A no. 2 of the RCP and its (un)constitutionality.