Sale/onerous assignment of litigious thing or right: State of matters under the perspective of Brazilian, Portuguese, Spanish and Italian legal systems

Abstract

This article focuses on the concept of litigious thing or right and its analysis as an object of costly operations carried out during a pending judicial dispute. It also shows the legal limitations restricting public agents to purchase litigious assets within courts where they exercise their functions, as well as occasions where the legislator dismisses prohibition for the reason that no conflit between public and personal concerns exists. The study of the current state of such matters was performed under brazilian, portuguese, spanish and italian Law, aiming to find out the weak and strong points of the systems being compared.