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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

72

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.