Key Benefits:
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PROPOSED LAW NO. 176 /X
Exhibition of Motives
The system of judicial executions or executive process is an essential factor for the
good functioning of the economy and the judicial system.
On the one hand, the economy needs a speedy and effective way to ensure the
collection of debts, when it is necessary to do so by the judicial route. Multiple reports
international have pointed out that the delay in payments is detrimental to the economy as
obliges unnecessary financing, originates liquidity problems and is a barrier
to trade ( European Payment Index 2007). The creation of collection procedures
fast and effective for the creditor decreases payment delays and contributes to the
dynamisation of the economy.
On the other hand, a very relevant percentage of the number of legal actions refers to-
whether to executive processes that aim to execute sentences or access the judicial route to
perform another type of executive title. With effect, 41.1% and 36.1% of the shares
judicial officers were, in 2005 and 2006, respectively, civil executive proceedings.
Therefore, acting for the benefit of the proper functioning of executive action means acting
directly on a very significant part of the judicial system.
The Reform of Executive Action came into force on September 15, 2003, but this
Government has yet to approve several indispensable measures to unlock the
operation of the executive action. It was not at issue, at that time, to realize
deep legislative changes or significant enhancements to the model
adopted, as innovations and mechanisms for the streamlining of the Reform of Action
Executive still had not been effectively tested.
So, among others, emergency measures have been adopted to autuary about 125,000
executive processes that accrued in the Lisbon and the execution secretaries of the
Porto, six new enforcement judgements have been installed, new functionalities have been adopted
informatics that eliminated unnecessary steps, provided the access of agents of
execution of data bases, allowed to carry out electronic quota penhours
of societies and the exequent went on to be able to choose the executing agent,
regardless of whether the execution runs in a comarch where the latter was domiciled
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or in the limitrof comarch.
These measures have allowed it to be unblocked the Reform of Executive Action, the
that materialized in results. By way of example, please note that, in 2006, they findded
more executive actions than in any previous year.
Volved more than four years since the entry into force of the Reform of Executive Action
and after the adoption of the said measures aimed at unlocking it, is now possible
perfecting the new model then adopted, deepening it and creating conditions for
be simpler, effective and apt to avoid unnecessary legal actions. The present
proposal for the Act therefore adopts a set of measures aimed at those objectives.
First, innovations are introduced to make the executions simpler and
eliminate unnecessary procedural formalities.
Thus, it reserves the judge's intervention for the situations in which there is actually
a conflict or in which the relevance of the matter determines it. It is what succeeding when, by
example if it becomes necessary to provide preliminary injunction dispatch, appreciate an opposition to the
execution or the attachment, check and graduate credits, judge complaints, impugations and
resources of the acts of the enforcement officer or decide matters that this aroused. From this
form, they remove any interventions that are currently committed to the judge or to the registry that
involve a constant exchange of merely bureaucratic information between the
mandatary, the court and the executing agent, with prejudice to the good progress of the
execution.
The role of the executing agent is enhanced, without prejudice to an effective control
judicial, passing on this to be able to access the registration of executions, specifically for
to introduce and update directly data on these. Likewise, the executing agent
goes on to carry out all the representations regarding the extinction of the execution, this being
filed through an electronic submission of information to the court, with no need
of judicial intervention or the secretarship.
It further eliminates the need to send to the court of reports on the causes of
frustration of the penhour, which consisted of a redundant and valueless formality
added, both to the court and to the enforcement agent.
Finally, the executive requirement is allowed to be sent and received by via
electronic, ensuring its automatic distribution to the executing agent without
need to send copies on paper.
Second, measures are adopted to promote the effectiveness of the
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executions and the executive process.
In that sense, on the one hand, it becomes possible that the exequent can replace
freely the executing agent, on the assumption that this is the main stakeout
in the control of the effectiveness of the implementation. This measure is compensated with a duty of
increased information of the executing agent and with the strengthening of the disciplinary control of the
execution agents through the creation of a plural composition organ, apt to
exercise effective monitoring of their performance.
On the other hand, taking into account the need to increase the number of agents of
implementation to ensure an effective possibility of choice by the exequent, widens
the possibility of performance of such duties to lawyers, without prejudice to training
proper.
The broadening of the spectrum of enforcement officers imposes changes to the regime of
incompatibilities, impediments and suspicions of enforcement agents, restricting
the conditions of exercise of this profession, to ensure more transparency and trust
in the system.
It is also determined, equally in the direction of the promotion of the effectiveness of the implementation, that the
remunerative regime of the implementing agents encourages their delivery, to
guarantee an addition of productivity and equality in the handling of executions.
Finally, the possibility of the use of institutionalized arbitration is introduced in the
executive action, predicting that arbitration centres can secure the trial
of conflicts and to adopt decisions of a jurisdictional nature at this headquarters, as well as to realize
material acts of execution. It is about using the mechanisms of alternative resolution
of disputes to help decongestate court courts and print swiftness to the
executions, without prejudice to being assured of all defence guarantees and the
need for agreement of the parties for the use of this arbitral route.
Third, essentially preventative measures are approved, for
avoid unnecessary legal actions.
It is up to especially the creation of a public list made available in the Internet
with data on executions thwarted by non-existence of pawable goods,
particularly as for the executed.
The creation of this public list is founded, on the one hand, in the need to create a strong
deterrent element of non-compliance with obligations, a factor that has been pointed out
internationally as one of the conditions that can contribute to the growth of
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confidence in the performance of the Portuguese economy. On the other hand, it is about avoiding, the
amount, lawsuits without viability and whose pendency damages the tramway
of others actually necessary to ensure an effective jurisdictional guardia of the
rights of citizens.
In effect, the constant information on this list can be a precious ancillary in the
detection of debt-incharge situations and in the prevention of legal actions
useless, particularly through the public supply of elements on the parts
contractors, which may contribute to a more responsible training of the decision to
hire.
The creation of this public list are associated guarantees of security as to the
fidedignity of the information contained therein. Thus, on par with an exclusion mechanism
of records with more than five years, it is, still, a system of complaints
quick intended to correct incorrections or errors of the list, establishing the deadline of
a business day for consideration of the complaint, under penalty of withdrawing, immediately, the
references from the public list until the decision is handed down. In the same sense, it is predicted
that from the list may appear to be the indication of a given data or information having been
included incorrectly, should the complaint have earned deferris.
In conjunction with these mechanisms, it also promotes the possibility of a
performed in a situation of over-indebtedness or with multiple debts, recourse to the
services of specific entities with a view to solving these problems. The accession to
a payment plan and its punctual compliance may allow for the suspension of the
records of the finite executions for non-payment of the said executed from the public list
of executions.
The Higher Council of the Magistrature was heard, the Higher Council of the
Administrative and Fiscal Courts, the Higher Council of the Public Prosecutor's Office, the
Council of Officers of Justice and the National Data Protection Commission.
The necessary representations were promoted to the hearing of the Order of Lawyers and of the
House of Solicitors.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
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Article 1.
Subject
1-It is the Government authorized to modify the following diplomas, at the seat of review of the
executive process and the regime of executions:
a) Code of Civil Procedure, approved by the Decree-Law No. 44129, of 28 of
December 1961, as amended by Decree-Law No. 47690, of May 11 of
1967, by Law No. 2140, of March 14, 1969, by the Decree-Law No. 323/70,
of July 11, by the Portaria No. 439/74 of July 10 by the Decrees-Laws
n. os
261/75, of May 27, 165/76, of March 1, 201/76, of March 19,
366/76, of May 15, 605/76, of July 24, 738/76, of October 16,
368/77, of September 3, and 533/77, of December 30, by Law No. 21/78, of
May 3, by the Decrees-Leis n. the
513-X/79, of December 27, 207/80, of
July 1, 457/80, of October 10, 224/82, of June 8, and 400/82, of 23
of September, by Law No. 3/83 of February 26 by the Decrees-Leis n. the
242/85, of July 9, 381-A/85, of September 28, and 177/86, of July 2,
by Law No. 31/86, of August 29, by the Decrees-Leis n. the
92/88, from 17 of
March, 321-B/90, of October 15, 211/91, of June 14, 132/93, of 23 of
April, 227/94, of September 8, 39/95, of February 15, 329-A/95, of 12
of December, 180/96, of September 25, 125/98, of May 12, 269/98, of 1
of September, and 315/98, of October 20, Law No. 3/99, of January 13, by the
Decrees-Laws n. the
375-A/99, of September 20, and 183/2000, of August 10,
by Law No. 30-D/2000 of December 20 by the Decrees-Leis n. the
272/2001, of October 13, and 323/2001, of December 17, by Law n.
13/2002, of February 19, by the Decrees-Leis n. the
38/2003, of March 8,
199/2003, of September 10, 324/2003, of December 27, and 53/2004, of 18
of March, by Law No. 6/2006 of February 27, by the Decree-Law No. 76-
A/2006, of March 29, by the Leis n. the
14/2006, of April 26, and 53-A/2006,
of December 29, and by the Decrees-Law n. the
8/2007, of January 17, and
303/2007, of August 24;
b) Status of the House of Solicitors, approved by the Decree-Law No. 88/2003,
of September 10, and amended by the Leis n. the
49/2004, of August 24, and
14/2006, of April 26;
c) Status of the Order of Lawyers, approved by Law No. 15/2005, 26 of
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January;
d) The diplomas whose need for modification decorates the amendment of the
legislation referred to in the previous paragraphs.
2-The meaning and extent of the changes to be introduced result from the subsequent articles.
Article 2.
Agent of execution
Is the Government authorized to create the status of enforcement agent by adapting the
status of the application solicitor, particularly for the purpose of:
a) Allow lawyers and solicitors to be able to perform duties of agents of
execution;
b) Assign, as a rule, to the enforcement officer the practice of the representations included
in the tramping of the executive process that does not involve the practice of acts
materially reserved to the judge;
c) Determine that the enforcement agent does not find itself in dependence
functional of the judge of execution, allowing the enforceable to
replace freely and that the organ with disciplinary competence over the
enforcement officers can impeach him;
d) Define the specific aspects of the professional status of the enforcement agent,
including rules on the conditions for their exercise;
e) Establish as new incompatibilities for the executing agent, the
exercise of the judicial mandate, the exercise of the functions of executing agent
on account of employer in the scope of the employment contract and the
subsidiary application of the general incompatibilities inherent in the exercise of the
advocacy;
f) Define the impediments and suspicions of the execution agent, extending the
regime of impediments to partners and lawyers or solicitors with the
same professional domicile, in the sense of making it more transparent the
exercise of its powers;
g) Create the exclusion penalty from the list of enforcement agents, adapting the scheme
of the offences and disciplinary sanctions to the particular requirements of the duties
which exercises.
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Article 3.
Judge of execution
Is the Government authorized to regulate the performance of the judge of execution by reserving it for
the judicial acts strictly necessary for the guarantee of the rights of the actors in the
executive process, namely:
a) Establishing the rule of the intervention provoked by the judge of execution,
specifically to provide preliminary injunction, judge the opposition to the execution and
to the penhour, check and graduate the credits, judge the complaints, contest
and the decision-making resources of the enforcement officer and decide on other issues
raised by the executing agent, by the parties or by third parties
actors;
b) To provide for the intervention of the judge of execution in the representations aimed at making the
right, demanded and net obligation in the penhour of goods and payment of the
credit.
Article 4.
Compulsory pecuniary penalty
Is the Government authorized to set a minimum value and to aggravate the sanction
compulsory pecuniary to which the executed is subject if, having goods, omitir declares
that has them.
Article 5.
Amendment to the Statute of the House of Solicitors
Is the Government authorized to amend the Statute of the House of Solicitors, with the
following sense and extension:
a) Modify the Organic structure of the House of Solicitors and change the
competences of the current bodies;
b) Creating an organ intended to discipline the effectiveness of executions to which
compel the exercise of the disciplinary power on enforcement officers, with
possibility of delegation, predicting its remaining competences and
composition, taking into account the a) of Article 2;
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c) Legislate on the conditions of enrolment and registration in the House of Solicitors
of candidates for enforcement officers, taking into account the a) of Article 2;
d) Legislate on the initial training of candidates for enforcement officers, having
into account the point a) of Article 2;
e) Define the incompatibilities of the activity of executing agent with the
remaining professional activities, as well as establishing the scheme of
impediments, taking into account the a) and e) of Article 2;
f) Regulate professional secrecy and disciplinary and respective offences
sanctions to be applied to enforcement officers, taking into account the points e), f) and g)
of Article 2;
g) Regulate the regime of the replacement and removal of the enforcement agent, having
into account the point c) of Article 2;
h) Regulate the conditions for the exercise of the activity of enforcement agent,
taking into account the point d) of Article 2;
i) Regulate the account-client of the executing agent;
j) Predict the elaboration of a list of permanently running agents
updated in computer support, where it is, in particular, the indication
of the suspended enforcement officers.
Article 6.
Amendments to the Status of the Order of Lawyers
Is the Government authorized to amend the Statute of the Order of Lawyers in the sense of
permit enrollment in the Bar Association, as a lawyer, and the registration in the Chamber
of the Solicitors, as an enforcement agent, respecting the requirements arising from the
point ( a) of Article 2 and Article 5.
Article 7.
Access to data and breach of secrecy
Stay the authorized Government:
a) To allow direct access and consultation by the executing agent of the
constant elements of data bases, records or files, necessary to
full realisation of their respective competences, without need for permission
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judicial and without prejudice to the duty of cooperation provided for in Articles 519 and
519.-A of the Code of Civil Procedure;
b) To allow direct access and consultation by the executing agent of the
constant elements of databases, records or files, of the title
of the tax administration relating to the name, the identification number
tax and the tax domicile of the executed one with these services and the identification
and location of the respective goods, with no need for judicial authorization and
without prejudice to the duty of cooperation provided for in Articles 519 and 519 of the
Code of Civil Procedure;
c) To allow direct access and consultation by the executing agent of the
constant elements of databases, records or files, of the title
of social security institutions concerning the name, the number of
beneficiary and the domicile of the performed together of those services and the
identification and location of the respective goods, with no need for
judicial authorization and without prejudice to the duty of cooperation provided for in the
articles 519 and 519-A of the Code of Civil Procedure;
d) To review the regime of the attachment of bank deposits and securities,
allowing the enforcement officer to directly request the cooperation of the
competent institutions in the fact-finding of the existence of the goods or values to
pawn and in the realization of the respective penhora.
Article 8.
Informatic record of executions
1-It is the Government authorized to provide for the use of the existing informatics register for
the realization of a public access list of extinct executions with payment
partial or because they have not been found pawable goods, with the purposes of
confer efficacy on the attachment and settlement of goods, prevent possible conflicts
jurisdictional resulting from contractual default and promote compliance
punctual of the obligations, from which it consents the identification of the executed, the value in
debt and the fact that mandated the extinction of execution ..
2-The authorized decree-law shall provide for the following possibilities:
a) From the exclusion of records referring to finite executions there are more than five
years; ";
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b) From making available means to the holder of the data to apply for
rectification of the data entered in the list referred to in the preceding paragraph;
c) De power to challenge the decision obtained before a judge;
d) Of, of course, the rectification taking place, the person concerned shall have the right, by
solicitation, that the incorrect data set out from the list of extinct executions
are replaced by the recognition, expressed and with equal relief, of having
verified the incorrection;
e) Of there being rectification and officiating updating, or the application of the holder,
of the data entered in the list referred to in the preceding paragraph;
f) From suspension of records referring to executions against executed multi or
overindebted that adhere to and comply with a debt repayment plan
drawn up by entities recognized by the Ministry of Justice, which preshas
support for multi or over-indebtedness situations.
Article 9.
Institutionalized arbitration in the framework of executive action
1-It is the Government authorized to set up an institutionalized arbitration scheme in the
scope of executive action, specifically providing for the establishment of centres of
voluntary arbitration with jurisdiction for the settlement of disputes resulting from the
implementation process, for the realization of enforcement representations and for the support of the
resolution of multi-or over-indebtedness situations.
2-The authorized decree-law shall provide that, in the execution proceedings submitted to the
center for arbitration:
a) The acts of the procedure for the implementation of the jurisdiction of the judge of execution are of the
competence of the arbitrator judges;
b) The resources and actions for cancelling arbitral decisions intended in relation
the decisions of arbitrator judges who check and graduate credits or that
decide oppositions to the execution or the penhour have no suspensive effect of the
execution, except in cases where there is provision of collateral by the
recurring or from the applicant for cancellation;
c) The acts of the process of implementing the competence of the executing agent
may be of the competence of the arbitration centre itself or of agents of
execution.
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Article 10.
Duration
The authorisation granted by this Law shall be for the duration of 180 days.
Seen and approved in Council of Ministers of December 20, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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The Higher Council of the Magistrature was heard, the Higher Council of the
Administrative and Fiscal Courts, the Higher Council of the Public Prosecutor's Office, the
Council of Officers of Justice and the National Data Protection Commission.
The necessary representations were promoted to the hearing of the Order of Lawyers and of the
House of Solicitors.
Thus:
In the use of the legislative authorization granted by the Law No. __/2007, de __de ___, and in the
terms of the points a) and b) of Article 198 (1) of the Constitution, the Government decrees the
next:
Chapter I
Code of Civil Procedure
Article 1.
Amendment to the Code of Civil Procedure
Articles 46, 50, 801, 803, 812 to 812, 816, 824, 828, 828, 828, 828, 828.
831 to 834, 837 to 840, 842.-A, 843, 847, 851, 854, 857, 857, 857, 857, 857.
859, 860, 861, 861.-A, 864, 864.-A, 866, 869 to 872, 875, 875.
877, 879, 882, 886, 886, 890.-C, 891, 900, 900, 901, 901, 901, 901.-C, 901, 901.
905, 906, 907.-A, 908, 917, 919, 919 to 922.-B, 936, 937 and 941 of the Code
of Civil Procedure, approved by the Decree-Law No. 44129 of December 28, 1961,
changed by Decree-Law n. the 47690, of May 11, 1967, by Law No. 2140, of 14 of
March 1969, by the Decree-Law No. 323/70 of July 11 by the Portaria No. 439/74, of
July 10, by the Decrees-Leis n. the
261/75, of May 27, 165/76, of March 1,
201/76, of March 19, 366/76, of May 15, 605/76, of July 24, 738/76, of 16
of October, 368/77, of September 3, and 533/77, of December 30, by Law No 21/78,
of May 3, by the Decrees-Leis n. the
513-X/79, of December 27, 207/80, of 1 of
July, 457/80, of October 10, 224/82, of June 8, and 400/82, of September 23,
by Law No. 3/83, of February 26, by the Decrees-Leis n. the
242/85, of July 9,
381-A/85, of September 28, and 177/86, of July 2, by Law No. 31/86, 29 of
August, by the Decrees-Leis n. the
92/88, of March 17, 321-B/90, of October 15,
211/91, of June 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15
of February, 329-A/95, of December 12, 180/96, of September 25, 125/98, 12
13
of May, 269/98, of September 1, and 315/98, of October 20, Law No. 3/99, of 13 of
January, by the Decrees-Leis n. the
375-A/99, of September 20, and 183/2000, of 10 of
August, by Law No. 30-D/2000, of December 20, by the Decrees-Laws n. the
272/2001,
of October 13, and 323/2001, of December 17, by Law No. 13/2002, 19 of
February, by the Decrees-Leis n. the
38/2003, of March 8, 199/2003, of 10 of
September, 324/2003, of December 27, and 53/2004, of March 18, by Law n. para.
6/2006, of February 27, by the Decree-Law No. 76-A/2006 of March 29 by the Laws
n. os
14/2006, of April 26, and 53-A/2006, of December 29, and by the Decrees-Leis
n. os
8/2007, of January 17, and 303/2007, of August 24 go on to have the following
wording:
" Article 46.
[...]
1. Running can only serve as a basis:
a) [...]
b) The documents exarred or authenticated, by notary or by
other entities or professionals with competence to do so, which
import constitution or recognition of any
obligation;
c) [...];
d) [...].
2. [...].
Article 50.
Enforceability of authentic or authenticated documents
The documents exarred or authenticated, by notary or by others
entities or professionals with competence for such, in which if
convening future benefits or if it provides for the constitution of
future obligations may serve as a basis for execution, as long as it is proven,
per document passed in accordance with their clauses
constants or, being those missing, redressed of executive force
own, that some provision has been carried out for completion of the business or
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that some obligation was formed following the forecast of the parties.
Article 51.
Feasibility of the writings with signature to rogo
In the private writings with signature to rogo, the document only enjoys
executive force if the signature is recognized by notary or by other
entities or professionals with competence to do so.
Article 801.
Scope of application
1-[ previous body of the article ].
2-A The plotting of the executive proceedings is carried out electronically, in the
terms of article 138.
Article 803.
[...]
1-When the obligation is alternative and belonging to the debtor the choice of the
provision, this is notified by the executing agent for, within 10
days, if another has not been fixed by the parties, declare by which of the
benefits opta.
2-[...].
3-Cabling the choice to the third party, this is notified to be carried out, in the
terms of paragraph 1.
4-In the lack of choice by the third party, as well as in case there are several
debtors and it is not possible to form a majority as to the choice, this is
carried out by the creditor.
Article 804.
[...]
1-[...].
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2-When the evidence cannot be made by documents, the creditor, the
apply for the implementation, immediately offers the respective evidence.
3-In the case provided for in the preceding paragraph, the executing agent
promotes the intervention of the court, which summarily appreciates the
evidence produced, unless the judge understands it necessary to hear the
debtor.
4-In the case provided for in the preceding paragraph, the debtor is cited with the
warning that, in the lack of dispute, one considers themselves to be verified
the condition or carried out or offered the provision, pursuant to the
executive application, save the provisions of Article 485.
5-[ Previous Article No 3 ].
6-[ Previous Article No 4 ].
Article 805.
[...]
1-[...].
2-When the execution understands interest that continues to beat-up, its
settlement is made the final, by the executing agent, in the face of the title
executive and of the documents that the exequent offers in compliance
with him or, being the case of this, depending on the legal interest rates of
lives applicable.
3-In addition to the provisions of the preceding paragraph, the executing agent,
monthly and at the time of the cessation of the application of the measure, liquida
the importances due as a result of the imposition of penalty
compulsory pecuniary and notifies the executed when of the liquidation.
4-When, not being the executive title a sentence, the settlement does not
depended on simple arithmetic calculation, the executing agent quotes, from
prompt, the one executed for the contesting, as opposed to the execution, with the
warning that, in the absence of contestation, the obligation considers itself
fixed under the terms of the executive application, save the provisions of the article
485.
5-In cases provided for in the preceding paragraph, there is dispute or being the
revelation inoperative, apply the n. the
3 and 4 of Article 380 para.
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6-[ Previous Article No 5 ].
7-[ Previous Article No 6 ].
8-[ Previous Article No 7 ].
9-[ Previous Article No 8 ].
Article 806.
[...]
1-The informatic record of executions contains the rol of executions
pending and, in respect of each of them, the following information:
a) Identification of the implementation process;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
2-[...]:
a) [ Repealed ];
b) [...];
c) The extinction of the execution by no goods being found
pencilable, pursuant to the provisions of Article 832 (3) and the
n Article 833 (9)
3-The data constant from the previous figures are introduced
daily by the executing agent.
4-[...].
5-The data provided for in the preceding paragraph is accompanied by the
identification of the process and information referred to in points (s) a) and c) from the
n. 1.
Article 807.
Rectification, updating, deletion and consultation of the data
1-[...].
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2-A mention of the execution having fined with partial payment or having been
extinguished, in the terms of the points b) and c) of paragraph 2 of the previous article, may
be disposed of the debtor's application, as soon as this proves the
compliance with the obligation.
3-After full payment, the registration of the finda execution is eliminated
immediately and officiously by the executing agent.
4-A The consultation of the informatics record of executions may be carried out:
a) By judicial magistrate or the Public Prosecutor's Office;
b) By person capable of exercising the judicial mandate or agent of
execution;
c) By the holder of the data;
d) By whom it has contractual or pre-contractual relationship with the holder
of the data or reveal another attentive interest in the query, upon
consent of the holder or authorisation given by the entity
indicated in the diploma provided for in the following number.
5-[ Previous Article No 4 ]
Article 808.
[...]
1-It is up to the executing agent, save when the law determines otherwise,
carry out all enforcement representations, including, in the terms of
would pore from the member of the Government responsible for the area of justice, the
citations, notifications and publications.
2-Compete, likewise, the executing agent liquidates the costs and the
claims from creditors and immediately carry out all payments in the
Terms of the Rules of Procedural Costs.
3-The executing agent is assigned by the exequent, from among the agents
of running constants of a list provided for the effect by the Chamber
of the Solicitors.
4-There is no enforcement agent enrolled in the comarch or occurring
another cause of impossibility, may the exequent require that the
enforcement representations provided for in this Title are carried out by
officer of justice, determined under the rules of distribution.
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5-In the executions in which the State is enforceable, all the representations of
performance provided for in this title are carried out by bailable officer.
6-The executing agent can be freely replaced by the exequent
or, on the grounds of performance of the doleful or negligent procedure or in
serious breach of duty imposed on it by the respective statute,
impeached by the organ with disciplinary competence over the agents of
execution, owing to the replacement or removal being communicated
electronically to the court, in the terms of the porterie of the member of the
Government responsible for the area of justice.
7-The representations that entail displacement out of the area of the comarch
of execution and its borroefs, or of the metropolitan area of Lisbon or of the
Port in the case of comarch in it integrated, can be carried out, the
solicitation of the designated execution agent and under his or her responsibility,
by enforcement officer of that area or, failing that, by bailofficer officer.
8-A request from the bail-out officer provided in the previous number is directed
to the clerk of the court of the comarch of the area of the diligence area, by means
electronic.
9-The executing agent may, under his or her responsibility, promote the
realization of representations that do not constitute an act of penhora, sale,
payment or other of an executive nature, per employee to your
service, accredited by the House of Solicitors under the terms of paragraph 4
of Article 161 para.
10-In the practice of representations to the executed, of organisms
officers or from third parties, the enforcement agent identifies with the copy
of the executive application.
Article 809.
[...]
1-Without prejudice to other interventions established in the Act, it is incumbent upon the
judge of execution:
a) [...];
b) [...];
c) Judging, without possibility of recourse, the complaints of acts and
19
contest of decisions of the executing agent, within 10
days;
d) [...].
2-When the requests for intervention by the judge, under subparagraphs (a) and (d)
of the preceding paragraph, are manifestly unwarranted, the judge may
apply fine to applicants.
Article 810.
[...]
1-In the executive application, addressed to the court of execution, the
exequent:
a) Identifies the parties, indicating their names, domiciles or sedes
and, where possible, occupations, places of work, membership and
civilian identification and tax identification numbers;
b) Indicates the professional domicile of the judicial representative;
c) Designates the executing agent, under the terms of paragraph 3 and 4 of the article
808.
d) Indicates the end of the execution;
e) Exposes succinctly the facts that substantiate the application, when
do not build on the executive title;
f) Formulates the application;
g) Declares the value of the cause;
h) Blend the obligation and choose the installment, when so kayba to the
creditor;
i) Indicates, whenever convenient, the employer of the executed, the
accounts and the assets of this, as well as the burden and burdens that on
they focus;
j) It requires the prior citation dispensation, in cases where it is
admissible.
2-[ Revoked ].
3-[ Revoked ].
4-[ Revoked ].
5-In the indication of the goods to be pawned, it shall the exequent, as much as
20
possible:
a) [...];
b) As for the furniture, designate the place in which they are located and make the
your specification, indicating, in the case of the movable property subject to
registration, the respective matriculation;
c) [...];
6-[ Revoked ]
7-Without prejudice to the submission of other documents, the application
executive is accompanied by copy of the executive title, of the documents
or securities that it has been possible to obtain in respect of the goods
pencilable nominees and the voucher of payment of the fee for
initial justice or the granting of the benefit of judicial support, in the
modality of total or partial dispensation of the same, under the terms of the n. 3
and 8 of Article 150 para.
8-The executive application is filed with the court by way of
electronic and sent by the same means to the executing agent
designated, pursuant to Art. 138,-There shall be no place for autuation
of the execution.
9-For the effects of the preceding paragraph, the computer system ensures, of
automatic and officious form:
a) The creation of a single number of the implementation process, with the
presentation of the executive application;
b) The immediate electronic submission of the executive application and too much
documents to the designated execution agent, with indication of the
single number of the process.
10-The model and the terms of submission of the executive requirement and
of the documents and supporting evidence that accompany it are defined by
would pore from the member of the Government responsible for the area of justice.
Article 811.
[...]
1-The executing agent refuses to receive the application when:
a) Do not comply with the approved model or omit some of the requirements
21
taxes by Article 810 (1);
b) The copy of the executive title is not presented or is manifest
the insufficiency of the title presented;
c) [...].
2-[...].
3-The exequent may submit another executive application or the
missing document in the 10 days subsequent to refusal to receive
or to the notification of the court decision confirming it, considering the
new application presented on the date of the first presentation.
Article 812.
[...]
1-Where there is place the liminal dispatch, the process is remitted to the
judge by the executing agent.
2-[...]:
a) Be it manifest the lack or insufficiency of the title and the agent of
execution did not refuse the application;
b) [...];
c) [...].
3-[...].
4-[...].
5-[...].
6-When the procedure should proceed and, in the case of Article 804 (3), the
debtor should be heard, the judge professes order of citation from the
performed to, within 20 days, pay or oppose the execution.
7-[...].
Article 812-The
[...]
1-Without prejudice to the provisions of the following numbers, no place shall
liminal dispatch in the executions based on:
a) [...];
22
b) [...];
c) Document exarred or authenticated, by notary or by others
entities or professionals with competence for such, or
particular document with presential recognition of the signature
of the debtor, provided that:
i) The amount of the debt does not exceed the remit of the court of
relation and be presented supporting document of the
interpellation of the debtor, when this was necessary to the
maturity of the obligation;
ii) Exceeding the amount of debt at the court of the court of the
relation, the exequent shows that it has required compliance by
judicial notification avulsa;
d) [...].
2-[...]:
a) [...];
b) In the case of Art. 804 (3).
3-In the executions dispensed with preliminary order, the executing agent
should raise the intervention of the judge when:
a) [...]
b) [...];
c) [...].
Article 814.
Fundamentals of opposition to sentence-based execution or injunction
1-[ Previous body of the article ].
2-The provisions of the preceding paragraph shall apply, with the necessary adaptations,
to the opposition to the execution founded on an injunction application to which
has been affixed to the enforceable formula, provided that the procedure of
formation of that title admits opposition by the respondent.
23
Article 816.
[...]
Not relying on execution in sentence or in application for injunction
to which it has been bets enforceable formula, in addition to the fundamentals of
opposition specified in Article 814 (1), in the party where they are
applicable, any others that may be relied upon may be alleged
in the declaration process.
Article 824.
[...]
1-[...].
2-[...].
3-[...].
4-A application of the executed, the penny-free execution agent
income from that, by the time limit of six months, if the household
of the applicant has a relevant income for the purpose of protection
legal equal to or less than three-quarters of the value of the Indexing of Apoios
Social.
5-A The application of the executed, the executing agent reduces to half the
pawning part of the income of that, by the time limit of six months, if
the applicant family household has a relevant income to
effects of legal protection greater than three rooms and equal or less than
two-and-a-half times of the value of the Indexing of Social Apoios.
6-In addition to the situations provided for in paragraphs 4 and 5, the requirement of the
performed, can the executing agent, heard the exequent, propose to the
judge the reduction, by period you consider reasonable, of the pawning part
of the income, weighted the amount and the nature of the credit
exequendo, as well as the needs of the executed and its aggregate
family.
7-Can also be the executing agent, the application of the exequent and
weighted the amount and nature of the credit exequendo, as well as the
lifestyle and the needs of the executed and their household,
24
heard the executed, propose to the judge the removal of the provisions of paragraph 3 and
reduce the minimum threshold imposed in paragraph 2, save in the case of pension or
social regalia.
8-The decisions of the enforcement officer provided for in paragraphs 4 a to 7 are
substantiated and likely to appeal to the judge.
9-The proposals sent by the enforcement officer to the court on the terms
of the n. the
6 and 7 contain a reasoned decision-making.
Article 827.
[...]
1-[...].
2-When the penhour reapes on other goods, the executed, indicating the
assets of the inheritance it has in its power, may require the agent of
execution the lifting of that, being the order served if, heard the
exequent, this one does not opposes.
3-[...].
Article 828.
[...]
1-[...].
2-Instapels the execution only against the ancillary debtor and invoking
this the benefit of the preview is the preview, may the exequent make it continue
execution against the main debtor, promoting the attachment of the goods
of this, together with the executing agent.
3-[...].
4-In the case provided for in paragraph b) of the previous number, the executed can
invoke the benefit of the excussion preview as opposed to the penhora,
requiring the respective survey, when:
a) There being goods from the main debtor, the exequent did not
proceed against him the execution, within 10 days of the
notification that the said opposition has been deducted;
b) Be it manifest that the penhour made on debtor's goods
25
principal is sufficient for the realization of the purposes of the execution.
5-If the execution has been moved only against the main debtor and the
goods from this if they prove insufficient, can the exequent do proceed
the execution against the subsidiary debtor, together with the executing agent.
6-[...].
7-[...].
Article 831.
[...]
1-[...].
2-In the act of apprehension, it occurs if the third party has the goods in its power
by way of a pledge or right of retention and, if so, cites-
if, immediately, the third.
3-Only when the citation referred to in the preceding paragraph can not be made
regular and immediately is annotated the respective domicile for effect of
later citation.
Article 832.
[...]
1-The representations for the penappointment are set to begin within the maximum of five days
useful:
a) After the submission of executive application that dispense the
preliminary order and the prior citation of the executed;
b) After the deadline for the opposition of the executed
previously cited without this having been deducted; or
c) Upon notification of the secretary to the executing agent, then
of delivered dispatch that dispense with the prior citation or not
suspends the execution pursuant to Article 818 or, suspending it-
if the execution, after being dismissed as unfounded the opposition deducted.
2-[...].
3-When against the executed has been moved finished without
full payment, take place the representations provided for in paragraph 1 of the article
26
next, after which the exequent is notified, being the case for that, to
indicate pawable goods within 30 days, extinguishing the execution
if no good is found.
4-[...].
5-[...].
6-There is no place for the suspension or extinction of the execution or its
shipping, the executing agent enrolled in the informatic record of
executions the data referred to in Article 806 (1).
Article 833.
[...]
1-A the realization of the penhora is preceded by all the useful representations to the
identification or location of pawable goods by proceeding the agent
of execution, whenever in the executive application are not
identified sufficient goods and without a need for any authorisation
judicial, to the consultation, in the databases of the tax administration, of the
social security, of the conservatory of the predial, commercial register and
automobile and other similar records or files, of all
information about the identification of the performed together of these services and
on the identification and location of the assets of the executed.
2-The information on the identification of the executed referred to in the number
previous include:
a) Regarding the databases of the tax administration, the
name, the number of tax identification and the tax domicile;
b) On the databases of social security, of the
conservatory of the predial, commercial and automotive register and of
other similar records or files, namely the name and
the civilian and beneficiary identification numbers of the security
social, respectively.
3-A direct consultation by the executing agent to the said databases
in paragraph 1 is carried out in terms to be defined by porterie of the member of the
Government responsible for the area of Justice and, when it is at issue
matter relating to databases of the tax administration or the
27
social security, must be approved equally by the members of the
Government responsible for the areas of finance or social security,
respectively, in accordance with the requirements demanded by the System of
Electronic Certification of the State-Infrastructure of Public Chaves.
4-A regulations referred to in the preceding paragraph shall specify, in
relation to each query, the obtaining and the conservation of the data concerning
at the date of the consultation and the identification of the respective executive process and
of the consultant execution agent.
5-When electronic access, by the executing agent, is not possible,
to the elements on the identification and location of the goods of the
performed, the services referred to in paragraph 1 shall provide them by the medium
more Celere and within 10 days.
6-A consultation of other statements or elements protected by secrecy
tax, as well as of other data subject to confidentiality regime,
shall be subject to judicial dispatch of authorization, applying for paragraph 2 of the
article 519-A, with the necessary adaptations.
7-[ Previous Article No 4 ].
8-[ Previous Article No 5 ].
9-If the executed does not pay or indicate goods for the penalty, extinguish it
execution.
10-When subsequently check that it had pawable goods, the
executed that there is no statement made, or there is done
false statement that it has resulted in the non-clearance of goods
sufficient for the satisfaction of the obligation, becomes subject to financial penalty
compulsory, in the amount of 5% of the debt to the month, with the minimum threshold
global of a thousand euros, from the date of omission to the discovery of the goods.
Article 834.
[...]
1-The executing agent, takes first place the penhour of the goods
whose pecuniary value is of easiest achievement and shows
appropriate to the amount of the credit of the exequent, preferentially to
penhour of bank deposits.
28
2-[...].
3-A penhora may be reinforced or replaced in the following cases:
a) When the executed requires the executing agent, at the time of the
opposition to the penhora, the replacement of the pawned goods by others
that they also ensure the purposes of the implementation, provided that
do not objectively object the exequent;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...].
4-[...].
5-[...].
Article 837.
Duty of information
1-The executing agent informs the exequent of all the representations
carried out, as well as from the reason for the attachment of the penhora.
2-The information referred to in the preceding paragraph shall be made
exclusively by electronic means within one business day after the
fulfillment of each diligence or knowledge of the motive of the
frustration of the penhora in the terms to be defined by the member's porterie
Government responsible for the area of justice.
Article 838.
[...]
1-A penhour of real estate takes place by electronic communication to the
conservatory of the competent predial register, which it is worth as
presentation for the purpose of enrolment in the register, upon payment
of the emoluments due by the executing agent or the exequent,
in cases where enforcement representations are carried out by officer
of justice.
29
2-Not being possible access to the database of the predial register, inscribed
the penhour and observed the provisions of paragraph 5, the conservatory sends to the
execution agent the certificate of the registration and the certificate of the burden which
focus on the pawned goods.
3-[...].
4-[...].
5-[...].
6-[ Revoked ].
7-[ Revoked ].
Article 839.
[...]
1-It is constituted depositary of the goods the executing agent or, in the cases
in which the enforcement representations are carried out by bailable officer,
person by this designated, save if the exequent consent to it
depositary the own executed or occur any of the following
circumstances:
a) [...];
b) [...];
c) [...].
2-[...].
3-Without prejudice to the provisions of Article 861 (3), rents in cash
are deposited in an institution of credit, to the order of the agent of
execution or, in cases where the enforcement representations are carried out
by bail-out officer, from the registry office, as they win or if
cover.
Article 840.
[...]
1-[...].
2-When it is opposite some resistance, the executing agent can
request directly the aid of the police authorities.
30
3-Whenever it is understood necessary, the enforcement agent requires the judge to
break-in of the doors.
4-The judge, when he / she understands that the enforcement agent, on the application
referred to in the preceding paragraph, presents sufficient grounds, determines the
burglary of the doors by public force, being, by this one, washed self
of the occurrence.
5-[ Previous Article No 3 ].
6-The police authorities who provide aid in the terms of this article are
due a remuneration for the services provided, which constitutes
charge for the effects of the Rules of Procedural Costs and on the
terms to be defined by joint poration of the members of the Government
responsible for the areas of internal administration and justice.
Article 842-The
[...]
1-When the pawned real estate is divisible and its value exceeds
manifestly that of the exequalling debt and the claims claimed, the
run may require the executing agent for authorization to
proceed to its fracking, without prejudice to the further
execution.
2-Listen to those interested, the enforcement officer authorizes that to proceed
to the fractionation of the immovable and the lifting of the penhora on some
of the real estate resulting from the division, when it occurs manifold
sufficiency of the value of the remaining to the satisfaction of the credit of the
exequent and the claimant creditors.
Article 843.
[...]
1-[...].
2-[...].
3-The executing agent may sway, in the administration of the goods, of
collaborators who act under their responsibility.
31
Article 845.
[...]
1-A The application of any person concerned, is removed the depositary who,
not being the executing agent, cease to fulfill the duties of your
job title.
2-[...].
3-[...].
Article 847.
[...]
1-The executed may require the executing agent the lifting of the
attachment if, by negligence of the exequent or the executing agent, do not
any representations are made for the realization of the payment
actual credit in the six months prior to the application.
2-[ Revoked ].
3-Raised the attachment under paragraph 1, are imputed, to the exequent,
the expense to which it gave cause.
4-Any creditor, whose credit is expired and has been claimed to
be paid by the proceeds of the sale of the pawned goods may replace
to the exequent in the practice of the act that he has overlooked since
past three months on the beginning of the negligent performance of the exequent and
as long as the lifting of the penhour is not required.
5-In the case referred to in the preceding paragraph, it applies, with the necessary
adaptations, Article 920 (3) until the exequent takes up the practice
normal of subsequent executive acts.
Article 848.
[...]
1-[...].
2-[...].
32
3-When, for the realization of the penhora, it is necessary to force the entrance
at the domicile of the executed or third party, as well as when there is fear
justified that this should be verified, the provisions of the n apply. the
2 a to 6 of the
article 840 para.
4-The money, the credit papers, the stones and the precious metals that
are seized are deposited in a credit institution, to the order of the
execution agent, or, in cases where the enforcement representations are
carried out by bail-out officer, from the registry office.
Article 851.
[...]
1-[...].
2-A penhour of motor vehicle is followed by seizure of the vehicle,
in particular by the imposition of stamps or immobilisers, in the
terms of the n. the
3 a to 8 of Article 164 and Article 161 of the Decree-Law No
44/2005, of February 23, with the necessary adaptations, and of
would pore from the member of the Government responsible for the area of justice.
3-After the penhour and the immobilization, the vehicle is only removed when the
execution agent understand necessary for the safeguard of the good,
applying, with due adaptations, the provisions of Articles 167 and
168. of the Decree-Law No. 44/2005 of February 23.
4-[...].
5-[ ... ].
Article 854.
[...]
1-When requested by the executing agent, the depositary is obliged to
present the goods you have received, save the provisions of the articles
previous.
2-[...].
3-[...].
33
Article 856.
[...]
1-[...].
2-Buy the debtor declare if the credit exists, what guarantees the
accompany, on what date if due and any other circumstances
that may be of interest to the execution.
3-It may not be carried out in the act of the notification, the statements are
provided to the enforcement officer within 10 days.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-The exequent, the executed and the claimant creditors may apply for the
execution agent the practice, or the authorization for the practice, of the acts
that are afflicted indispensable to the conservation of the right of credit
pawned.
7-[ Previous Article No 6 ].
Article 857.
[...]
1-A attachment of rights embedded in credit and value securities
Titled securities not covered by Article 861 (14)
takes place upon apprehension of the title, ordering it still, always
That possible, the averaging of the burden resulting from the penhora.
2-[...].
3-The seized credit securities are deposited in an institution of
credit, to the order of the executing agent or, in cases where the
enforcement representations are carried out by officer of justice, da
to secretion.
34
Article 859.
[...]
1-If the debtor declares that the exigency of the obligation depends on
provision to be carried out by the executed and the latter confirm, in writing, the
statement, the executed is notified to satisfy the provision on time
of 15 days.
2-[...].
3-[...].
4-In cases referred to in paragraph 2, the provision may be required in the same
execution and no need for quotation from the executed, serving of title
executive to your statement of debt recognition.
Article 860.
[...]
1-As soon as the debt is due, the debtor that there is no dispute is
thank you to deposit the respective importance in credit institution, à
order of the executing agent or, in cases where the representations of
execution are carried out by bail-out officer, the registry office, and the
present to the executing agent the document of the deposit, or the
deliver the thing due to the running agent, which works as your
depositary.
2-[...].
3-[...].
4-Check-out, as opposed to the implementation, in the case of Article 4 (4)
856., that the credit did not exist, the debtor responds for the damage
caused in the general terms, settling on your responsibility in the
own opposition, when the exequent makes it worth in contesting the right
to the compensation.
5-[...].
35
Article 861.
[...]
1-[...].
2-The deposited amounts are left to the order of the executing agent or, in the
cases in which the enforcement representations are carried out by officer of
justice, from the registry office, remaining unavailable until the expiry of the deadline
for the opposition of the executed, should this be non-opposing, or, case
contrary, up to the traffic on trial of the decision that on it recaped.
3-Fishing the term of opposition, if this has not been deducted, or judged to
unimpeding opposition, the executing agent delivers to the exequent the
amounts deposited that do not guarantee claim credit, up to value
of the debt exequendum, after discounted the amount relating to
performance expenditure referred to in Article 821 (3)
Article 861-The
[...]
1-A penhour that incited on existing deposit in legally
authorized to receive it is made preferentially by communication
electronic, applying the rules regarding the penhour of credits, with
the specialities set out in the following numbers.
2-[...].
3-When it is not possible to properly identify the bank account, it is
pawned the part of the executed in the balances of all deposits
existing at the notified institution or institutions, up to the limit
set out in Article 821 (3)
4-If, notified several institutions, the limit set out in Article 3 (3)
821. if it shows exceeded, it is up to the execution agent to reduce the penhour
carried out.
5-For the purposes of paragraphs 3 and 4, they are successively observed, by
entity notified and by the executing agent, the following criteria of
preference in the choice of account or accounts whose balances are pawned:
a) [ Previous Article (a) of paragraph 4 ]
36
b) [ Previous Article (b) of paragraph 4 ]
6-A notification is made directly to the credit institutions, with the
express mention that the existing balance, or the share of the executed
on that balance, is captive since the date of the notification and, without prejudice to the
provisions of paragraph 10, can only be moved by the executing agent,
to the limit set out in Article 821 (3).
7-[ Previous Article No 6 ]
8-A notified entity shall, within 10 days, communicate to the agent of
execution of the amount of existing balances, or the inexistence of account or
balance, communicating, then, when executed the penhora carried out.
9-In the case provided for in Article 824 (3), the capactivation of the existing balance
basket if, decorated two working days after the expiry of the deadline in the
previous number, the execution agent does not confirm the realization of the
pahours.
10-[ Previous Article No 8 ]
11-Without prejudice to the provisions of the preceding paragraph, the institution is
responsible for the bank balances in it existing at the date of
notification and will provide the executing agent with the extract where they build
all operations that affect the pawned deposits after the
realization of the penhora.
12-The institutions that provide collaboration on the implementation under this
article is due for remuneration for the services provided in the
fact-finding of the existence of the bank accounts and in the efection of the
attachment of existing balances, which constitutes charge on the terms and
for the purposes of the Rules of Procedural Costs.
13-Fishing the term of opposition, if this has not been deducted, or judged
the unimpeding opposition, the executing agent delivers to the exequent
the pawned amounts that do not guarantee claimed credit, up to the
value of the exequinum debt, after discounted the amount relating to
performance expenditure referred to in Article 821 (3)
14-With the exception of point b) of paragraph 5, the previous figures apply,
with the necessary adaptations, to the penhour of securities
scriptural or titled, integrated into a centralised system, registered
or deposited in financial intermediary or registered with the
37
respective issuer.
Article 862.
[...]
1-[...].
2-[...].
3-[...].
4-When all the conholders make the declaration provided for in the second
part of paragraph 2, proceeds from the sale of the heritage or the good in its
totality.
5-[...].
6-[...].
Article 862-The
[...]
1-[...].
2-[...].
3-When the exequent fundably object to that executed
proceed in the management of the establishment, the executing agent designates
administrator with powers to carry out the respective ordinary management.
4-[...].
5-[...].
6-[...].
Article 864.
[...]
1-A citation of the executed, the spouse and the creditors is carried out in the
general terms, but only that of the executed can take place editorially, in the
order terms of the member of the Government responsible for the area of
justice.
38
2-[...].
3-[...]:
a) [...];
b ) [...];
c) [ Revoked ];
d) [ Revoked ].
4-The entities referred to in the tax laws, the Public Farm, with a view to
defence of its possible rights, and the Institute of Social Security, I. P.
and the Institute for Financial Management of Social Security, I. P., with a view to the
defence of the rights of social security, are cited within five
days, exclusively by electronic means in the terms to be regulated
by porterie of the members of the Government responsible for the area of justice,
of finance and social security, in accordance with the requirements demanded
by the Electronic Certification Scheme of the State-Infrastructure of
Public Kees.
5-[ Previous Article No 4 ]
6-[ Previous Article No 5 ]
7-[ Previous Article No 6 ]
8-A citation of the executed is replaced by notification when it has had
place the prior citation as well as when, cited the executed for the
execution of certain title, if cumule after the execution of another
title, applying, in this case, Article 235, duly adapted,
without prejudice to the notification to be made in the person of the mandatary, when
constituted.
9-[ Previous Article No 8 ]
10-[ Previous Article No 9 ]
11-[ Previous Article No 10 ]
Article 864-The
[...]
1-The spouse of the executed, cited under the terms of the paragraph a) of paragraph 3 of the
previous article, is admitted to deduct, within 10 days, or even to the
term of time granted to the executed, if it ends after that,
39
opposition to the execution or the penhour and to exercise, in the verification phase and
degree of credits and at the stage of payment, all rights that the law
procedural gives to the executed.
2-The spouse of the executed may also apply for the separation of the goods from the
couple, in accordance with Article 825 (5), when the penhora recaia on
common goods.
Article 866.
[...]
1-Fishing the time frame for the claim of claims, or filed complaint
pursuant to Article 865 (3) of hers are notified, by the Registrar
of the court, the executed, the enforceable and the claimant creditors,
applying for the notification of the executed Article 235, duly
adapted, without prejudice to the notification to be made in the person of the
mandated, when constituted.
2-[...].
3-[...].
4-[...].
5-[...].
Article 869.
[...]
1-[...].
2-Received the application referred to in the preceding paragraph, the Registrar
notifies you of the executed to, within 10 days, pronounce on the
existence of the invocation credit.
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
40
Article 870.
Suspension of execution in the cases of insolvency
Any creditor may obtain the suspension of the execution in order to prevent the
payments, showing that it was required the recovery of company or the
insolvency of the executed.
Article 871.
[...]
1-Pendating more than one run on the same goods, is raised,
as for these, the one in which the penhour was later.
2-A suspending is carried out by information to the executing agent who
held the previous penhour in the 10 immediate days to the realization of the
second penhora or to the knowledge of the first.
3-A The suspension provided for in paragraph 1 may, still, be carried out at all time, the
request from the exequent, the executed or the creditor cited to claim the
your credit, in the terms of the previous number.
Article 872.
[...]
1-The payment can be made by the delivery of cash, by the award
of the pawned goods, by the consignment of their income or by the
product of the respective sale.
2-[...].
Article 875.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
41
5-[...].
6-A The award of credit law is made in the title of dation pro
welding , if the applicant wishes him and the remaining creditors not if
objecting, extinguishing the execution when it should not proceed on
other goods.
7-Being close to the due date, can creditors wake up, or the
execution agent determine, the suspension of execution over credit
pawn to maturity.
8-[...].
Article 877.
[...]
1-[...].
2-Havendo proposed higher price, the provisions of the articles are observed
893. and 894.
3-[...].
Article 879.
[...]
1-[...].
2-[...].
3-[...].
4-A consignment takes place by electronic communication to the conservatory,
applying, with due adaptations, the provisions of the n. the
1 and 2 of the
article 838 para.
5-[...].
Article 882.
[...]
1-It is admitted payment in instalments of the exequinum debt, if
exequent and executed, by common agreement, to require, to the agent of
42
execution, the suspension of execution.
2-[...].
Article 886.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) Sale in public deposit or equated.
2-[...].
Article 886-C
[...]
1-The executing agent may carry out or authorize the early sale of
goods, when they may not or should not retain themselves, by being
subject to deterioration or depreciation, or when there is manifest
advantage in anticipation of the sale.
2-[...].
3-[...].
Article 888.
[...]
After payment of the price and tax due by the transmission, the agent
of execution requires the competent conservatory, by electronic means, the
cancellation of the records of the actual rights which lapse under the terms of the n.
2 of Article 824 of the Civil Code and which are not of officious cancellation
by the conservatory.
43
Article 890.
[...]
1-Determined the sale upon proposals in closed letter, means the
day and the hour for the opening of the proposals, owing that being
Advertised by the executing agent upon page ad
public access informatics, in the terms of porterie of the member of the
Government responsible for the area of justice, without prejudice to, on the initiative
of the agent of execution or suggestion of those interested in the sale, be
used, still, other means of dissemination.
2-From the ad are listed the name of the executed, the identification of the agent of
execution, the day, time and place of the opening of the proposals, the identification
summary of the goods and the base value of the sale.
3-[ Revoked ].
4-[ Revoked ].
5-If the sentence that performs is pending appeal or is
pending opposition to the execution or the penhour, mention is made of the fact in the
announcement.
Article 891.
[...]
Until the opening day of the tenders, the depositary is obliged to show the
goods to whom you intend to examine them, and may set the hours in which, during
the day, provide the inspection and owing the enforcement officer to indicate them in the
announcement of the sale.
Article 897.
[...]
1-The bidders must add to their proposal, as collateral, a check
targeted, at the order of the executing agent or, in cases where the
enforcement representations are carried out by bailable officer, of the
would be secreted, in the amount corresponding to 10% of the base value of the goods, or
44
bank guarantee in the same value.
2-Accept some proposal, the bidder or preferer is notified to,
within 15 days, deposit in a credit institution, the order of the
execution agent or, in cases where the enforcement representations are
performed by bail-out officer, the registry, the whole or the part of the
price in foul, with the comination provided for in the following article.
Article 900.
[...]
1-[...].
2-Thereafter, the conservative of the predial register proceeds to the register of the
sale and the cancellation of the inscriptions relating to the rights they have
lapsed with the sale, applying, with the necessary adaptations, the
n. os
1 and 2 of Article 838 para.
Article 901-The
[...]
1-A sale of business establishment of higher value to 500 UC has
place, subject to the proposal of the exequent, the executed or a creditor who
about it has real warranty, upon proposals in closed letter.
2-The proposals are opened, by the enforcement officer, in the presence of the judge.
3-[...].
Article 904.
[...]
The sale is made by private trading:
a) [...];
b) [...];
c) When there is urgency in the realization of the sale, recognized by the
execution agent;
d) [...];
45
e) [...].
Article 905.
[...]
1-[...].
2-From the realization of the sale may be entrusted to the executing agent, by
agreement of all creditors and no opposition from the executed, or, in the absence of
agreement or there is opposition, by determination of the judge.
3-[...].
4-The price is deposited directly by the buyer at an institution of
credit, to the order of the executing agent or, in cases where the
enforcement representations are carried out by bailable officer, of the
would be secretive, before laundered the instrument of the sale.
5-[...].
6-[...].
Article 906.
[...]
1-[...].
2-[...].
3-[...].
4-The manager of the establishment deposits the net price at an institution of
credit, to the order of the executing agent or, in cases where the
enforcement representations are carried out by bailable officer, of the
to desks, and presents in the process the respective knowledge, in the five
days later to the realization of the sale, under the comination of the sanctions
applicable to the infaithful depositary.
46
Article 907-The
Sale in public deposit or equated
1-Are sold in public deposit, or equated, the goods that have
been to be removed there and should not be sold any other way.
2-The sales referred to in this article have monthly periodicity and are
advertised in advertisements published pursuant to Art. 890 (1)
and upon the affixing of editais in the warehouse, containing the relationship of the
goods to be sold and the mention of paragraph 5 of the same article.
3-The way of realization of the sale in public deposit, which must have in
account for the nature of the goods to be sold, it is regulated in the member's porterie
of the Government responsible for the justice sector.
Article 908.
[...]
1-If, after the sale, if it recognizes the existence of some burden or
limitation that would not be taken into account and that it exceeds the limits
normals inherent in the rights of the same category, or of error on the
thing transmitted, for lack of compliance with what was announced, the
buyer may ask, in the execution, the cancellation of the sale and the
compensation to which you are entitled, the Article 906 of the
Civil Code.
2-A The question provided for in the preceding paragraph is decided by the judge, after
ears the exequent, the executed and the interested creditors and of
examined the evidence that is produced.
3-[...].
Article 916.
[...]
1-[...].
2-The payment is made upon direct delivery to the executing agent.
3-In cases where enforcement representations are carried out by officer
47
of justice, who intends to use the faculty provided for in paragraph 1 requests in the
would secrete, albeit verbally, guides for deposit of the liquid part
or already liquidated from the credit of the exequent that is not soloed by the
product of the sale or award of goods.
4-Carried Out the deposit referred to in the preceding paragraph, the execution is suspended, the
less that it is manifestly insufficient, and it takes place the liquidation
of all the responsibility of the executed.
5-[ Previous Article No 4 ].
Article 917.
[...]
1-[...].
2-[...].
3-[...].
4-The applicant deposits the balance that is settled, under penalty of being
doomed in the expense to which it has given cause and the execution to proceed, not
may become the suspension without prior deposit of the amount already
settled, after deducting the proceeds from the sales or adjudications
made later and after deducting the credits whose extinction if
prove by document.
5-Made the deposit referred to in the preceding paragraph, orders new liquidation
of the increased, observing the precept in the preceding provisions.
6-[ Previous Article No 5 ].
Article 919.
[...]
1-A execution extinguishes itself in the following situations:
a) As soon as the deposit of the liquidated amount is carried out, pursuant to the
article 917;
b) After making the settlement and payments, by the agent of
implementation, pursuant to the Rules of Procedural Costs,
both in the case of the previous article and when to show satisfied
48
by the coercive payment the exequinating obligation;
c) In the cases referred to in Article 832 (3), in Article 833 (9).
and in Article 875 (6);
d) When another cause of extinction occurs.
2-[...].
3-A The extinction of the execution is communicated, by electronic means, to the court,
being ensured by the computer system the automatic file and
electronic process, with no need for judicial intervention or the
to secretion.
Article 920.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The exequent may still apply for the renewal of the execution, extinguished in the
terms of the point c) of Article 919 (1) when you indicate goods
pencilable and provided that the limitation period has not elapsed,
applying, with the necessary adaptations, the provisions of the number
previous.
Article 921.
[...]
1-If the execution runs in absentia of the executed and this has not been
quoted, when the must be, or there is grounds for declaring null a
quote, may the executed require at all time that this is
annulled.
2-Susited all the terms of the execution, know yourself soon from the complaint
and, in case it is adjudicated proceeded, it is annuated all that in the execution if
has practiced.
3-A The complaint can be made even after finishes the run.
49
4-If, after the sale, the time required for the usufruct has elapsed,
the executed is only with the right to demand from the exequent, in the case
of dolo or of bad faith of this, the compensation of the injury suffered, if that
right have not prescribed in the meantime.
Article 922-B
[...]
1-The appeal of appeal of decisions that put an end:
a) [ Repealed ];
b) [...];
c) Opposition founded on the points g) or h) of Article 814 (1) or
in the 2 th part of Article 815, or constituting defence of merit to the
execution of title other than sentence or injunction;
d) [...].
2-[...].
3-[...].
4-[...].
Article 936.
[...]
1-Even before the evaluation or regulated execution in the article is completed
previous, can the exequent do, or have it done under his direction and
surveillance, the works and works necessary for the provision of the fact,
with the obligation to give accounts to the executing agent; the liquidation of the
compensation for due moratorium, when requested, takes place together
with the provision of accounts.
2-[...].
50
Article 937.
[...]
1-Approved the accounts by the executing agent, the credit of the exequent is
paid by the product of the execution referred to in Article 935.
2-[...].
Article 941.
[...]
1-When the obligation of the debtor consists in not practicing some fact, the
creditor may apply, in the case of violation, that this be verified by
means of forensics and that the judge order the demolition of the work that has been
made, set the compensation of the exequent for the injury suffered and the
payment of the amount due for the title of compulsory pecuniary penalty,
in which the debtor has been already convicted or whose fixation the creditor
intends to obtain in the execution.
2-[...].
3-[...].
4-[...]. "
Chapter II
Status of the House of Solicitors
Article 2.
Amendment to the Statute of the House of Solicitors
Articles 11, 70, 115 to 129, 142, 142 and 165 of the Statute of the Chamber of the
Solicitors, approved by the Decree-Law No. 88/2003, of September 10, and amended
by the Leis n. the
49/2004, of August 24, and 14/2006, of April 26, go on to
following wording:
51
" Article 11.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) The Commission for the Effectiveness of Executions.
3-[...].
4-[...].
5-[...].
Article 70.
[...]
1-[...].
2-[...].
3-A The compensation box of the executing agents is subject to
autonomous regulation.
Article 115.
[...]
1-[...].
2-The solicitor or lawyer who was an enforcement agent is prevented from
exercise judicial mandate, in representation of the exequent or the
performed for three years counted from the extinction of the execution in the
which has assumed the functions of executing agent.
52
Article 116.
Exercise of the activity of enforcement agent
The specific competencies of execution agent and the remaining functions that
they are assigned to you may be exercised pursuant to this Statute and the law and
under review by the Commission for the Effectiveness of the Executions.
Article 117.
Requirements for enrolment and registration
1-You can only exercise the functions of executing agent the solicitor or
lawyer who:
a) [ Revoked ];
b) Being solicitor, is not covered by any of the restrictions
provided for in Article 78;
c) Being a lawyer, is not covered by any of the restrictions
provided for in Article 181 of the Statute of the Order of Lawyers;
d) Has not been convicted in a disciplinary penalty higher than the fine,
as a solicitor or as a lawyer;
e) Have completed, with harnessing, the agent stage of
execution;
f) Having been an enforcement agent, rewant, within the five years
subsequent to the cessation of the previous inscription or registration, its
re-enrollment or new record instructed with assent of the
Commission for the Effectiveness of Executions.
g) [ Previous point f) ].
h) Please submit to the Commission for the Effectiveness of Executions a
statement in which it specifies the date on which it intends to initiate the
activity of enforcement agent, aiming at the fulfilment of the
provisions of Article 119-B.
2-[ Revoked ].
3-[ Revoked ].
53
Article 118.
Execution agent stage
1-A The duration of the execution agent stage is 18 months.
2-The internship starts once a year, according to the provisions of the Statute
and of an internship regulation to be approved by the General Council.
3-The first stage period has the duration of six months and
understands the frequency of a training course intended for the
solicitors or attorneys who are or may come to be in
conditions of enrolling or registering as an enforcement agent.
4-The course provided for in the preceding paragraph is organized in the terms of
regulation and entails final examinations of approval before jury
interdisciplinary.
5-The second period of internship has the duration of 12 months and, under the
direction of a patron, is intended to familiarize the executing agent
trainee with the actual exercise of knowledge beforehand
acquired and of the functions of executing agent.
6-You can only accept the direction of the internship, as a patron, the agent of
execution with at least three years of effective exercise of profession,
without disciplinary punishment superior to that of fine.
7-The appointment of patron is applicable, with due adaptations, the
arranged in the n. the
3 a to 6 of Article 97 para.
8-During the second period of internship and under guidance of the patron, the
trainee execution agent trainee can practice all acts of nature
executive on executions of lower value to the winged of the courts of
first instance.
9-The evaluation regime of the trainee enforcement agent is the subject of the
regulation referred to in paragraph 2, being the completion of the internship, with
harnessing, dependent on the delivery of a report, of the good
information provided by the patron and interview achievement
professional.
54
Article 119.
Registration and definitive registration and start of functions
1-Verified compliance with the requirements for registration or registration, the
copy of the process of the trainee enforcement agent is remitted to the
General Council.
2-The executing agent can only start duties after the provision of
solemn oath in which, before the presidents of the court of the relationship,
the regional chairman of the House of Solicitors and the President of the
District Council of the Order of Lawyers, assumes the commitment of
to comply with the functions of enforcement agent under the law and of this
Statute.
Article 120.
[...]
1-It is incompatible with the exercise of the functions of enforcement agent:
a) The exercise of the judicial mandate in the implementation;
b) The exercise of the own functions of execution agent per account
of the employing entity, within the scope of contract of employment;
c) [...].
2-The incompatibilities to which is subject to the execution agent extend-
if the respective partners and the enforcement officers with the same
professional domicile.
3-Are still applicable in a subsidiary to enforcement officers as
general incompatibilities inherent in the profession of solicitor and of
lawyer.
Article 121.
Impediments and suspicions of the executing agent
1-It shall apply to the executing agent, with the necessary adaptations, the
regime established in the Code of Civil Procedure about the
impediments and suspicions of the employees of the secretarship.
55
2-Constitutions still impediments of the executing agent:
a) [...];
b) [...].
3-The impediments to which is subject to the executing agent extend
to their respective partners and to lawyers or solicitors with the same
professional domicile.
4-Are further subsidally applicable to enforcement officers
general impediments inherent to the profession of solicitor and lawyer.
Article 122.
[...]
1-Executions officers may apply to the Commission for the Effectiveness of the
Executions, in exceptional and duly substantiated cases, the
suspension of accepting new processes.
2-If the claim referred to in the preceding paragraph is dewound, such a fact is
immediately mentioned in the list referred to in Article 119.-B.
3-The enforcement agent that there is accepted the designation by the party can only
ask for scour of the exercise of their duties:
a) When it is a member of national, regional body or colleges of
specialty of the House of Solicitors;
b) When it is a member of the national or district body of the Order of the
Lawyers;
c) When you are a member of the direction of the Welfare Fund of
Lawyers and Solicitors;
d) [ Previous point (b) ].
4-A invocation of the impediment and the request for escussion are made by way
electronic, within the maximum of two days on the knowledge of the
their respective fact, before the Commission for the Effectiveness of the Executions, with
knowledge to the court's office, and it should be appreciated on the deadline
maximum of 10 days.
5-If the reason is not considered justified, the executing agent has
of continuing to perform his duties, under penalty of being instituted
disciplinary process.
56
Article 123.
Duties of the executing agent
In addition to the duties to which they are subject to be registered as
solicitor or as a lawyer, and without prejudice to the provisions of the articles
following, are duties of the executing agent:
a) Practise diligently the procedural acts of which it is entrusted, with
scrupulous observance of legal or judicially fixed deadlines and
of the deontological duties that upon themselves impend;
b) Submit the judge's decision the acts that depend on dispatching or
judicial authorization and abide by them in the precise terms set;
c) Provide the parties with the clarifications requested to you on the
Progress of the representations that it is entrusted with;
d) Provide the court with the clarifications requested from it on the
Progress of the representations that it is entrusted with;
e) Render accounts of the activity carried out, promptly delivering the
amounts, objects or documents of which it is a holder because of its
act as an enforcement agent;
f) Archive and conserve for 10 years all documents relating to the
executions or other acts by you practiced within the framework of your function in the
terms of regulation to be approved by the General Council;
g) Have accounting organized according to the model to be approved by the
General Council;
h) Not to exercise or permit the exercise of non-forensic activities in your
office;
i) Present the ballot or professional card in the exercise of your
activity;
j) Use recognized means of identification and signature and
regulated by the Chamber, specifically electronic signature;
l) Use electronic media in relations with other
public and private entities, specifically with the court;
m) Have an electronic address on the terms regulated by the Chamber;
n) Hiring and maintaining professional civil liability insurance from
57
amount not less than € 100,000;
o) Register by electronic means, together with the House of Solicitors, your
deposit of pawned goods in the terms of the porterie of the member
Government responsible for the area of justice.
Article 124.
Accounts-Execute agent customers
1-The enforcement officers are subject to the provisions on account-
customers provided for in this Statute, add to the specificities
constants of the following numbers.
2-The executing agent must have in credit institution account for his / her
order, with mention of the circumstance of treating itself to account-customers of
execution agent.
3-All amounts received in the framework of executions, not intended for
payment of settled fees, have to be deposited in an account-
execution agent customers.
4-Account registration-implementing agent customers observes standards and
procedures defined in regulation approved by the general council,
that can determine a model in informatics support and the obligation
of periodic reports to be submitted.
5-Interest credited by the credit institutions resulting from the amounts
deposited in the account-execution agent customers are delivered
proportionally to the third parties that they are entitled to.
6-The documentary and computer supports of the accounts-customers are
mandatorily made available, by the credit institution and by the
enforcement officers, to the supervisory commission provided for in the present
section, as well as to the disciplinary process instructor.
7-Executing agent must keep accounts-differential clients for
services that do not arise from that their quality.
58
Article 125.
[...]
1-[...].
2-In the case provided for in the preceding paragraph, if the irregularity is not
corrected or saned in the 48 hours from the date on which the agent of
implementation if it considers it notified, the Commission for the Effectiveness of the
Executions determines the precautionary measures it deems necessary,
may order your preventive suspension by designating another agent
of execution that takes the responsibility of the ongoing executions and the
management of their respective accounts-customers.
3-A notification provided for in the preceding paragraph is carried out in person or
by post, remitted under registration for the professional domicile of the
execution agent.
Article 126.
[...]
1-The enforcement officer is obliged to apply, in the remuneration of his
services, the tariffs approved by the member of the Government member
responsible for the area of justice, after hearing the Chamber, and subject to
triennial review.
2-The fees provided for in the preceding paragraph correspond to maximum values
and can understand a fixed part, established for each type of
procedural and dependent activity of the value of the cause, and a part
variable, dependent on the consummation of the effects or the results
intended with the performance of the executing agent.
3-The enforcement officer shall affix to his office the applicable tariffs
in the executions and, where requested, provide the stakeholders with a
prediction of costs.
59
Article 127.
[...]
1-The revenue from the compensation box consists of a
permilation of the values received by tariff acts in the framework of the
function of execution agent.
2-[ ... ].
3-The balance of the box is used in the trainings of the agents of
execution or candidates for this specialty and in the payment of the
surveillance services.
4-[...].
5-A The compensation box is managed by a commission headed by the
speaker of the House of Solicitors and composed of a representative
of the same and by a representative of the Order of Lawyers.
Article 128.
[...]
1-The enforcement officer may delegate another executing agent to
competence for the practice of all or certain acts in a
execution, promptly communicating such a fact to the party that designated it.
2-A delegation of competence for the practice of all acts in a
execution lacks consent from the exequent, which may indicate the
execution agent to whom it intends to see delegated the competence.
3-If the delegation is only for the practice of certain acts in a
execution, the delegating execution agent remains responsible for
title sympathetic.
4-Passes to be the holder of the execution the executing agent who accepts the
delegation of competence for the practice of all acts in that
execution, ceasing the responsibility of the delegator at the time in
that if it takes the delegation of competence.
5-The delegation provided for in this Article shall apply as yet the Regulation
of Delegation of Executions, approved by the General Council of the Chamber
of the Solicitors.
60
Article 129.
Replacement of the execution agent
1-In the case of death or outright failure of the executing agent,
as well as if this requires the termination of the functions in the specialty, it is
suspended for period longer than 10 days or expelled, the exequent designates
another in the terms of the law of process.
2-To the substitute execution agent are obligatorily delivered:
a) The file of the pending execution;
b) The records and computer software of accounting, of the accounts-
customers of the execution agent and the runs
c) The movable assets of which the substituted was faithful depositary, in the
quality of execution agent.
3-Are officiously transferred to the substitute execution agent,
upon presentation of a certificate issued by the Commission for the
Effectiveness of Executions:
a) The balance of the accounts-Execution agent clients;
b) The quality of faithful depositary in outstanding executions.
4-The substitute executing agent shall submit to the Commission for the
Effectiveness of Executions a report on the situation of executions,
with the respective reckoning.
5-A Commission for the Effectiveness of Executions instaura disciplinary process
whenever the report referred to in the previous number indict the existence
of irregularities.
6-[ Revoked ].
Article 131.
[...]
1-Execution officers are scrutinised, at least biennially, by
a commission made up of a maximum of three enforcement officers,
designated by the Commission for the Effectiveness of the Executions, to whom
they submit a report within 15 days after the end of the inspection.
61
2-[...].
3-A The Commission for the Effectiveness of Executions may determine new
inspection by another commission, whenever it deems it necessary.
4-The operation of the committee is the subject of council regulation
general.
Article 142.
[...]
1-[...].
2-[...].
3-The fines referred to in paragraph d) of paragraph 1 applied to enforcement officers
constitute revenue from the compensation box.
Article 165.
[...]
1-[...].
2-[...].
3-[...].
4-In the case of enforcement officers, the decision for preventive suspension
may be renewed by the competent bodies until the final decision of the
process, provided that limited its effects to the activity of agent of
execution. "
Article 3.
Addition to the Statute of the House of Solicitors
Articles 49-A, 49-B, 119-A, 119-B and 131-A to the Statute of the
House of Solicitors, with the following wording:
62
" Article 49.
Composition
The Commission for the Effectiveness of the Executions is composed of:
a) A vogal designated by the Assembly of the Republic;
b) A vowel designated by the Superior Council of the Magistrature;
c) A vowel designated by the member of the Government responsible for the
area of justice;
d) A vowel designated by the member of the Government responsible for the
area of finance;
e) A vowel designated by the member of the Government responsible for the
area of social security;
f) A vowel designated by the Speaker of the House of Solicitors;
g) A vogal designated by the Bastonary of the Order of Lawyers;
h) A vogal designated by the representative associations of the
consumers or users of justice services;
i) Two vowels designated by the social partners;
j) A vowel cooped by majority decision of the vowels referred to
in the previous points, which he presides over.
Article 49-B
Competence
1-Compete to the Commission for the Effectiveness of Executions:
a) Issue recommendations on the training of enforcement officers and
on the effectiveness of executions;
b) Define the number of candidates to admit, annually, in each
stage of execution agent;
c) Instruct and judge the disciplinary processes of enforcement officers;
d) Carry out inspections and audits of enforcement officers;
e) Deciding the issues related to impediments, suspicions
or accounts-customers of the executing agent;
f) Approve the reports and issue the certificates regarding the replacement
of enforcement officers.
63
2-A The Commission for the Effectiveness of Executions may delegate the
competencies referred to in points c) and d) from the previous number, in the
following terms:
a) With respect to enforcement officers who are, equally,
solicitors, in the regional deontological section of the House of
Solicitors with competence in the area of professional domicile
of the respective implementing agent;
b) With respect to enforcement officers who are, equally,
lawyers, in the District Council of Deontology with competence
in the area of the professional domicile of the executing agent
respective.
3-To the delegation of competences provided for in the preceding paragraph shall apply
Administrative Procedure Code.
Article 119-The
Society of enforcement officers
1-Executing agents may constitute or participate in societies
with the exclusive object of exercise of the specific competences of
execution agent.
2-As long as it is not the subject of a diploma of its own, the constitution of
companies of enforcement officers shall apply, with the necessary
adaptations, the willing for the societies of solicitors.
3-Compete to the general council to regulate the registration of the societies of
execution agents.
Article 119-B
List of enforcement officers
1-The general council edits the list of the implementing agents enrolled, by
comarch, and shall update it annually, indicating in particular,
the societies of enforcement agents and their members and the agents of
suspended execution.
2-A list of enforcement officers shall be permanently updated
64
in public informatics support.
3-The executing agent unable to perform his duties is
excluded from the computer list.
4-A Commission for the Effectiveness of Executions, by themselves, or through the organs
referred to in Article 49 (2), shall send to each court and to the
relevant public services, by electronic means, the lists of the agents of
run with office in the respective judicial comarch and communicate to the
same entities as the inscriptions of new solicitors as well as the
suspension and cancellation of the inscriptions.
Article 131-The
Disciplinary offences of the executing agent
1-It shall apply to the executing agent, with the necessary adaptations, the
regime to which they are subject to solicitors, with regard to the action
discipline, specifically to the duties and disciplinary responsibility.
2-Constitutions still disciplinary offence of the executing agent:
a) The refusal, without foundation, of the exercise of its functions;
b) Do not conserve during the period stipulated in the paragraph f) of the article
123. all documents relating to executions or other acts
per se practiced;
c) Prevent or by any way obstruct the surveillance;
d) Do not promptly deliver the amounts, the objects or documents
of which it is a holder, as a result of its performance while
execution agent;
e) Have no organized accounting, nor keep the accounts-customers
according to the model and rules approved by the House;
f) Practise own acts of your quality of execution agent without
that for this has been designated, exceed the scope of its
competence or use illegal means or expedients or
disproportional in the performance of their duties;
g) Dolishly harm the exequent or the executed;
h) Do not provide the information or clarifications in a timely manner
to be requested by the parties or requested by the court or
65
not comply or execute the decisions of the judge;
i) Do not deliver to the customer, the Chamber or the State the amounts to these
due, arising from their intervention in the executions;
j) Hiring or maintaining employees or collaborators without fulfilling the
specific regulation approved by the general assemblage.
3-A penalty as referred to in point c) of Article 142 (1) corresponds to
disciplinary penalty of exclusion from the list of enforcement officers,
definitely or for a given period, to which it is applied
cumulatively with any of the penalties provided for in points d) a h) from the
same number. "
Article 4.
Amendment of the structure of the Statute of the House of Solicitors
1-A section VIII, of Chapter II, of the Statute of the House of Solicitors, passes the
to be called "Commission for the Effectiveness of Executions".
2-The previous sections VIII, IX, X, XI, XII and XIII, of Chapter II, of the Statute of the
Solicitors ' chamber, are renumbered, passing, respectively, to sections
XI, X, XI, XII, XIII and XIV.
3-Chapter VIII of the Statute of the House of Solicitors passes to be named
"Execution Agent", which starts with Article 116 and ends with the article
131 .º-A.
4-A Section I of Chapter VIII of the Statute of the House of Solicitors passes the
to be named "Exercise, enrollment, registration and enforcement agent company", which
initiates with Article 116 and ends with Article 119.-B.
5-Is accede to Section III of Chapter VIII of the Statute of the House of Solicitors,
called "disciplinary infractions", composed of Article 131 .ºA.
Chapter III
Status of the Order of Lawyers
66
Article 5.
Amendment to the Status of the Order of Lawyers
Article 80 of the Statute of the Order of Lawyers, adopted by Law No. 15/2005, of
January 26, is replaced by the following:
" Article 80.
[...]
1-[...].
2-[...].
3-The provisions of paragraph 1 shall not apply in the case of registration in the Chamber of
Solicitors while agent of execution. "
Chapter IV
Informatics Record of Executions
Article 6.
Amendment to Decree-Law No 201/2003 of September 10
Articles 1 to 11 and 13 of the Decree-Law No 201/2003 of September 10, amended
by Decree-Law No. 53/2004 of March 18 and by the Law No. 60-A/2005 of 30 of
December, shall be replaced by the following:
" Article 1.
[...]
1-The informatic record of executions contains the rol of the civil executions,
of the labour processes of execution and of the special processes of
insolvency and recovery of companies.
2-[...].
3-[...].
67
Article 2.
[...]
1-The informatic record of executions contains the rol of executions
pending and, in respect of each of them, the following information:
a) Identification of execution;
b) Identification of the executing agent, through name, domicile
professional, professional ballot and identification numbers
tax, or the bail-out officer, through name and number
mechanographical;
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
2-[...]:
a) [...];
b) [...];
c) The extinction of the execution by no goods being found
pencilable, pursuant to the provisions of Article 832 (3) and the
n Article 833 (9) of the Code of Civil Procedure.
3-[...].
4-The data provided for in the preceding paragraph is accompanied by the
identification of the process and information referred to in para. c) of paragraph 1.
5-There is no indication of the tax identification number of the holder of the
data or, alternatively, the number of civil identification, passport or
driving license, must the enforcement officer promote the representations
necessary to obtain these elements, specifically by
consultation of databases, archives and other records, in the terms
provided for in Article 833 of the Code of Civil Procedure.
6-[ Revoked ].
7-[ Revoked ].
68
Article 3.
[...]
The executing agent enrolled the execution in the informatics register after the
prior consultation carried out in accordance with Article 832 of the Code of Procedure
Civil.
Article 4.
[...]
1-Data from the informatics record of executions are inscribed and
updated by the executing agent from the elements of which
possess.
2-The data set out in paragraphs 1 and 2 of Article 2 are introduced on the deadline
of two working days after obtaining it.
Article 5.
[...]
1-A updating or rectification of the data enrolled in the informatics register
of executions may be required by the respective holder, at all time,
together with the registry of the materially competent court.
2-A extinction of execution by provenance of the opposition to the execution or by
any other fact, with the exception of those provided for in points b) and c) from the
Article 2 (2), determines the officiating disposal of the registration of the
execution.
3-The record of fine-payment with full payment is also
eliminated officiously, once determined or verified the extinction
of the execution.
4-A mention of execution fined with partial or running payment
extinguished, in the terms of the points b) and c) of Article 2 (2), may be
eliminated the debtor's application as soon as this proves the
compliance with the obligation
69
Article 6.
[...]
1-[...]:
a) [...];
b) By person capable of exercising the judicial mandate or agent of
execution;
c) [ Revoked ];
d) [...];
e) [...].
2-For the purposes of the e) of the previous number, considers to exist
attentional interest when the consultation of the computerized registration of
executions if destine to obtaining certificate for demonstration of the
unchargeable nature of claims resulting from contractual default.
3-[ Previous Article No 2 ]
Article 7.
Competence to defer the consultation
1-The request for consultation is addressed to any civil court.
2-[ Revoked ].
Article 8.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-By the passage of the certificate, it is due the amount of a quarter of
account unit, which reverses, in its entirety, to the Institute of
Financial Management and Infrastructure of Justice, I. P.
6-[ Revoked ].
7-[...].
70
8-[ Revoked ].
Article 9.
Consultation by direct access
1-The judicial magistrates and the Public Prosecutor's Office, the persons capable of
exercise judicial mandate and enforcement officers have direct access
to the computer register.
2-[...].
Article 10.
[...]
1-The request for consultation by the holder of the data or by whom it has
authorization of the data holder is addressed to the registry of the court
competent.
2-[...].
3-[...].
4-[...].
5-[ Revoked ].
6-[...].
7-[...].
8-A The passing of the certificate shall be rejected if the applicant does not have
legitimacy or not respecting the provisions of the n. the
2 a to 4, being the
application returned with reasoned decision of the bailable officer.
Article 11.
[...]
1-In cases referred to in paragraph e) of Article 6 (1), where there is no
authorization of the holder of the data, the application for permission to
consultation of the informatics record of executions is addressed to the judge of the
competent court, in model approved in accordance with the terms of paragraph 2 of the article
previous.
71
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 13.
[...]
Without prejudice to the provision of Article 5 in respect of the elimination of
certain data, the data set out in the informatic record of
executions are kept in register up to 10 years after the extinction of the
execution. "
Article 7.
Addition to the Decree-Law No. 201/2003, of September 10
Articles 16-A, 16-B and 16-C to Decree-Law No. 201/2003 of 10 of 10 are adjourned
September, amended by Decree-Law No. 53/2004 of March 18, and by Law No. 60-
A/2005 of December 30, with the following wording:
" Article 16.
Object and purposes of the public list of executions
1-A list of extinct executions with partial payment or for not having
have been found to be pawable goods, provided for in points b) and c) of paragraph 2
of Article 2, appears on the site of the Internet of public access, in terms of
regular by porterie of the Government member responsible for the area of
justice.
2-The executed is informed of the inclusion of its name in the public list of
executions in the terms of the porterie referred to in the preceding paragraph
specifies the notification mode when executed as well as a deadline in
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that this, so as to avoid the inclusion of its name in the public list of
executions, can:
a) Promote the fulfillment of the obligation, or;
b) Adhere to a debt-payment plan pursuant to paragraph 2 of the
next article.
3-A The public list of the executions has the following purposes:
a) Confer efficacy on the attachment and settlement of goods;
b) Preventing possible jurisdictional conflicts resulting from the
contractual default and;
c) Promote the punctual fulfillment of obligations.
Article 16-B
Updating and rectification of records in the public list of executions
1-A list identifies, in respect of each execution:
a) The name of the executed;
b) The tax identification number or, alternatively, the numbers of
civil identification, passport or driving license;
c) The value in debt;
d) The fact that determined the extinction of the execution.
2-A updating or rectification of the data entered in the list of
executions may be carried out officiously by the executing agent
or required by the respective holder in the terms provided for in Article 5,
as well as by electronic route on the site of Internet of where it is from.
3-A The office shall decide on the maximum period of one working day, not if
suspending the deadline during the court holiday period.
4-In case the decision in the preceding paragraph is not adopted at the time
predicted, the applicant's data, identified in the list, is automatic
and electronically, of it withdrawn until there is a decision.
5-A The absence of a decision within the period provided for in paragraph 4 shall be communicated to the
Top Council of the Magistrature and the Council of Officers of
Justice, by electronic means, in terms of the regular by the porterie of the
member of the Government responsible for the area of justice.
6-From the decision of the secretary-office it is up to the judge to challenge.
73
7-The decisions set out in the preceding paragraphs are, equally, and
where possible, notified by electronic means, in the terms of
would pore from the member of the Government responsible for the area of justice.
8-Havening place the rectification, the person concerned has the right, upon
request, that the incorrect data constants from the list of executions
extinguished are replaced by recognition, espresso and with equal
relief, from whether to have the incorrectness checked.
9-Compliance with the obligation by the debtor determines the exclusion of the
list, applying the provisions of Article 5 (3).
10-To the public list of executions applies, with the necessary
adaptations, the provisions of Article 14 and in the paragraphs a ), b) and e) of paragraph 1 and
in Article 15 (2)
Article 16-C
Elimination and suspension of records of the public list of executions
1-All records contained in the public list of executions concerning
fine-order executive proceedings more than five years ago are officiously
withdrawn.
2-The records referring to executions against executed multi or
overindebted that adheres to and complies with a payment plan of
debt drawn up by entities recognized by the Ministry of Justice,
who provide support for multi or over-indebtedness situations, may
be suspended during the performance of the said plan, pursuant to
define by porterie of the member of the Government responsible for the area of
justice. "
Chapter V
Institutionalized arbitration in the framework of executive action
74
Article 8.
Institutionalized arbitrations
Under the law, the establishment of voluntary arbitration centres may be allowed
with competence for the resolution of disputes resulting from the implementation process and to
the realization of the enforcement representations provided for in the Act.
Article 9.
Arbitral appointment
1-A submission of execution proceedings to the arbitration centres provided for in the article
previous depends on the celebration of arbitration convention in compliance with
the requirements set out in the legislation that regulates voluntary arbitration.
2-Without prejudice to the provisions of the preceding paragraph, in the cases of clause celebration
compromising, either party may revoke the arbitration convention in the
deadline of 10 days after the formation of the executive title.
Article 10.
Competences of the judges arbitrators and the centre of arbitration
1-In the execution proceedings submitted to the arbitration centre, the acts of the
process of carrying out the jurisdiction of the judge, specifically the opposition to the
execution, the opposition to the penhour, the verification and graduation of credits and their
complaints and impugations, as well as the decision of the complaints of the acts of the
competence of the enforcement officers are the competence of the arbitrator judges.
2-In the execution proceedings submitted to the arbitration centre, the acts of the
performance process of the competence of the executing agent can be from the
competence of the arbitration centre itself or of enforcement officers.
Article 11.
Appeal and Anulation of Arbitral Decision
The remedies and actions to cancel arbitral decisions intended in relation to
decisions of arbitrator judges who check and graduate credits or who decide oppositions
75
to the execution or the attachment have no suspensive effect of the execution, except in cases in
that there is provision of collateral, of equal value to the credit executed and the expense and
predictable charges, on the part of the appellant or the applicant for cancellation.
Article 12.
Forced entry at home
1-A permission for forced entry into the domicile of natural persons and at the head office of the
legal persons, is required to the shift judge of one of the courts of comarch of the
judicial circumscription of the domicile of the executed.
2-A The decision is to be delivered within the maximum of one working day.
Article 13.
Surveillance
The activity of the centres of arbitration is scrutinised by a commission created for the
effect, presided over by a judge adviser, in the terms to be defined by the Minister's porterie
responsible for the area of justice.
Article 14.
Support for the resolution of multi-or over-indebtedness situations
The centres of arbitration set up under Article 8 ensure an effective link
to support systems for multi-or over-indebtedness situations recognized by the
Ministry of Justice, in the terms to be defined by porterie of the member of the Government
responsible for the area of justice.
CHAPTER VI
Final and transitional provisions
76
Article 15.
Transient standard
1-Natural persons who intented executive actions for collection of claims not
resulting from their professional activity may, in the alternative to the designation of
execution agent, apply for the choice of bail-out officer for the realization of
execution agent functions according to the rules of the distribution.
2-A The possibility referred to in the preceding paragraph shall be subject to an assessment and to a
revision required after two years of duration.
Article 16.
Abrogation standard
They are revoked:
a) The point a) of Article 806 (2), Article 810 (2), 4, 4 and 6 of Article 810, the article
811.-A, Article 838 (6) and (7), Article 847 (2), paragraphs (2) c) and d)
of Article 864 (3), Article 890 (3) and (4) (4) a) of the article
922.-B of the Code of Civil Procedure;
b) The points c) and i) of Article 63, Article 76 (3) and 4 (3) of the article
99, the point a) of paragraph 1 and paragraphs 2 and 3 of Article 117, paragraph 6 of Article 129 and
articles 130 and 134 of the Statute of the House of Solicitors;
c) Article 2 (6) and (2), paragraph 2 c) of Article 6 (1), Art. 7 (2),
the Article 8 (6) and 8 (5) and Article 10 (5) of the Decree-Law No 201/2003,
of September 10.
Article 17.
Entry into force
This decree-law shall come into force 180 days after its publication.