implied issue
[ɪmˈplaɪd ˈɪʃuː]
nounpl: implied issues
questão implícita
1. In law and debate, a matter or question that is suggested or understood indirectly without being explicitly stated
The implied issue in the contract dispute was whether the parties intended to create a legally binding agreement.
A questão implícita na disputa contratual era se as partes pretendiam criar um acordo legalmente vinculativo.
2. In legal proceedings, an issue that emerges from the pleadings or evidence but is not directly addressed in the complaint or motion
The court had to address the implied issue of the defendant's capacity to enter into the agreement.
O tribunal teve que abordar a questão implícita da capacidade do réu para celebrar o acordo.
3. A subordinate or underlying matter that must be resolved in order to decide the main question
Before ruling on the main claim, the judge identified several implied issues that needed clarification.
Antes de decidir sobre o pedido principal, o juiz identificou várias questões implícitas que precisavam de esclarecimento.
This is a specialized legal term used primarily in common law jurisdictions (USA, UK) and increasingly adopted in Brazilian legal contexts when discussing comparative law. The concept is fundamental to legal interpretation and jurisprudence, particularly in contract law and civil litigation. Understanding implied issues is crucial for both lawyers and judges in properly adjudicating cases where unstated matters significantly impact the outcome.
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