Authorizes The Government To Amend The Code Of Civil Procedure, The Statute Of The Chamber Of Bailiffs And The Status Of The Bar Association, In Relation To The Executive Action

Original Language Title: Autoriza o Governo a alterar o Código de Processo Civil, o Estatuto da Câmara dos Solicitadores e o Estatuto da Ordem dos Advogados, no que respeita à acção executiva

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445334e6931594c6d527659773d3d&fich=ppl176-X.doc&Inline=false

1 PROPOSAL of law No. 176/X explanatory memorandum the judicial executions or system Executive process is essential to the proper functioning of the economy and the judicial system. On the one hand, the economy needs a speedy and effective way to ensure the recovery of debts, when it is necessary to do so by the Court. Several international reports have pointed out that the delay in payments is harmful to the economy because it forces the unnecessary funding originates from liquidity problems and is a barrier to trade (European Payment Index 2007). The creation of recovery procedures which are rapid and effective for the creditor reduces late payments and contributes to the promotion of the economy. On the other hand, a very important percentage of the number of legal proceedings refers to Executive processes aimed at executing sentences or access the judicial process to perform another type of instrument. Indeed, 41.1% and 36.1% of the lawsuits were in 2005 and 2006, respectively, Executive civil processes. Therefore, acting on behalf of the proper functioning of the executive action means acting directly on a very significant part of the judicial system. The reform of executive action entered into force on 15 September 2003, but the Government had yet to approve several measures needed to unlock the workings of executive action. Was not concerned at this point, carry out legislative changes or significant improvements to the deep model adopted, because the innovations and mechanisms for facilitating the reform of executive action had not yet been actually tested. Thus, among others, emergency measures have been adopted to process approximately 125,000 cases of executives that accumulated in implementing departments of Lisbon and of Porto, they settled six new judgements of execution, new computer features have been adopted that eliminated unnecessary steps, provided the executing agents access to databases, the realization of electronic companies shares of seizures and the operator went on to be able to choose the enforcement agent regardless of the execution run in a district where this was domiciled or in neighbouring district 2. These measures have enabled it to be unlocked the reform of executive action, which materialized in results. For example, it should be noted that, in 2006, it subsided more executive actions than in any previous year. After more than four years since the entry into force of the reform of executive action and after the adoption of such measures to unlock it, it is now possible to refine the new model so adopted, deepening it and creating conditions to be more simple, effective and able to avoid unnecessary legal actions. This Bill adopts a set of measures aimed at these objectives. First of all, introduce innovation to make executions easier and eliminate unnecessary procedural formalities. Thus, the intervention of the reserve judge for situations where there is a conflict or where the relevance of the issue to determine. That's what happens when, for example become necessary to issue injunction, enjoy an opposition to execution or attachment, check and graduate credits, judging complaints, appeals and resources from the enforcement agent acts or decide issues that this raises. Thus, interventions currently entrusted to the judge or to the Secretariat that involve a constant exchange of information between the bureaucratic purposes authorized representative, the Court and the enforcement agent, with prejudice to the smooth progress of the implementation.

The role of enforcement agent is reinforced, without prejudice to effective judicial control, passing this can access the record of executions, in particular to introduce and update data directly on these. Also, the enforcement agent goes on to perform all the steps regarding the extinction of the execution, which is filed through an electronic submission of information to the Court, without judicial intervention or the Secretariat. Eliminates the need for sending to the Court reports on the causes of frustration of attachment, which consisted of a redundant formality and without added value, both for the Court as to the enforcement agent. Finally, allows the application's Executive sent and received electronically, ensuring the your automatic distribution run agent without the need to send paper copies. Secondly, are adopted measures to promote the effectiveness of 3 plays and Executive process. In this regard, on the one hand, allow that the judgment creditor can freely substitute the enforcement agent, on the assumption that this is the main interested in monitoring the effectiveness of the implementation. This measure is compensated with a duty of information plus the enforcement agent and the enhancement of disciplinary control over the enforcement agents by creating a plural composition, able to exercise effective oversight of your performance. On the other hand, taking into account the need to increase the number of enforcement agents to ensure an effective choice by the judgment creditor, widens the possibility of performance of these functions to lawyers, without prejudice to proper training.


Extending the spectrum of enforcement agents requires amendments to the incompatibilities, impediments and suspicions of the enforcement agents, restricting the conditions for exercise of this profession, to ensure more transparency and confidence in the system. Still determined, also in the sense of promoting the effectiveness of the implementation, the remuneration scheme of the enforcement agents encourage the implementation, to ensure your increased productivity and equality in the treatment of executions. Finally, it introduces the possibility of use of institutionalised arbitration in executive action, and arbitration centers to ensure the trial and adopt decisions of judicial nature here, as well as perform actions execution materials. It is using the alternative dispute resolution mechanisms to help decongest the judicial courts and print speed executions, without prejudice to being provided all the guarantees of defence and the need for consent of the parties to use this via arbitration. Thirdly, are adopted essentially preventive measures to avoid unnecessary legal actions. Fits mention especially the creation of a public list available on the Web with data on executions frustrated by lack of variety goods, particularly with regard to executed. The creation of this public list is based, on the one hand, the need to create a strong deterrent to non-compliance with obligations, which has been noted internationally as one of the conditions that can contribute to the growth of confidence in the performance of the economy 4. On the other hand, it is to prevent upstream, lawsuits without feasibility and whose pending damages processing of others actually needed to ensure effective judicial protection of the rights of citizens. Indeed, the information in this list can be a valuable aid in detection of situations of uncollectability of debts and in preventing lawsuits useless, in particular through the provision of public information on the Contracting Parties, which can contribute to a more responsible formation of hire. The creation of this public list are associated with security guarantees as to the accuracy of the information it contained. So, in addition to a mechanism of deleting records with more than five years, ensures a quick complaints system designed to correct inaccuracies or errors in the list and settled within one working day for consideration of the complaint, withdraw immediately, the public list references until the decision is rendered. Similarly, it is anticipated that the list can contain the indication of a certain data or information have been included incorrectly, if the complaint has earned approval. In conjunction with these mechanisms, promotes also the possibility of a run on situation of over-indebtedness or with multiple debts, use the services of specific entities with a view to the resolution of these problems. Adherence to a payment plan and your compliance on time can allow the suspension of executions has records for non-payment of that runs the list of public executions. Were heard the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the Public Ministry, the Council of Justice and the National Commission for Data Protection. The necessary steps were promoted to hearing of the Bar Association and the Chamber of bailiffs.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 5 Article 1 subject-matter 1-Is the Government allowed to modify the following diplomas, in the Executive process and review of the system of executions: the Code of Civil Procedure), approved by Decree-Law No. 44129 December 28, 1961, as amended by Decree-Law No. 47690, of 11 May 1967, by law No. 2140, of 14 March 1969, by Decree-Law No. 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July, by Decree-Law No 261/75, of May 27, 165/76, March 1 , 201/76, of 19 March, 366/76, of 15 may, 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by Decree-Law No 513-X/79, of December 27, 207/80, July 1 , 457/80, of 10 October, 224/82, 8 June, and 400/82, of 23 September, by law No. 3/83, of 26 February, by Decree-Law No 242/85, of 9 July, 381-A/85, of 28 September, and 177/86, of 2 July, by law No. 31/86, of August 29 by the decree-laws Nos 92/88, of March 17, 321-B/90 of 15 October, 211/91, of June 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February, 329-A/95 of 12 December, 180/96, of 25 September, 125/98, of May 12, 269/98 , September 1, and 315/98, of 20 October, law No. 3/99, of 13 January, by Decree-Law No 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws No. 272/2001, of 13 October, and 323/2001, of 17 December , by Act No. 13/2002, of February 19, by Decree-Law No 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004, of March 18, by law No. 6/2006 of 27 February, by Decree-Law No. 76-A/2006, of 29 March, by the laws No 14/2006 , April 26, and 53-A/2006, of 29 December, and by Decree-Law No 8/2007 of 17 January 2007, 303/24 August; b) Statute of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of 10 September, and amended by law No 49/2004, 24 August, and 14/2006, 26 April; c) Status of the Bar Association, approved by the law No. 15/2005, june 26 January; d) degrees whose need for modification involves amendment of the legislation referred to in paragraph 1(a) above. 2-the meaning and extent of the changes to be made are the result of the subsequent articles.

Article 2 execution agent


Is the Government allowed to create the status of enforcement agent, adjusting the position of the bailiff, in particular for the purpose of: a) allow solicitors and barristers may exercise functions of enforcement agents; b) Assign, as a rule, the enforcement agent to practice the steps included in the proceedings of the Executive process not involving the materially acts reserved to the judge; c) determines that the enforcement agent is not in the functional dependence of the enforcement judge, allowing that the judgment creditor can replace freely and that the Agency with jurisdiction to discipline on enforcement agents can remove; d) Define specific aspects of the professional status of the enforcement agent, including rules on the conditions for your exercise; and) establish new incompatibilities to the enforcement agent, the Office of the court order, the performance of the duties of enforcement agent on behalf of the employer under the employment contract and the subsidiary application of the General incompatibilities inherent to the exercise of advocacy; f) Set the impediments and suspicions of the enforcement agent, extending the regime of impediments to partners and lawyers or solicitors with the same professional domicile, in order to make more transparent the exercise of its powers; g) Create the penalty of exclusion from the list of enforcement agents, adapting the system of offences and disciplinary sanctions to specific requirements of the tasks officiating. 7 article 3 execution Judge Is the Government allowed to regulate the actions of the judge of execution, reserving it for the judicial strictly necessary to guarantee the rights of those involved in the Executive process, namely: Establishing the rule of intervention) caused the judge to implementation, particularly to issue injunction, judge opposition to execution and attachment, check and graduate credits Judging complaints, disputes and appeals of the enforcement agent and decide other issues raised by the enforcement agent, by the parties or third parties involved; b) provide for the intervention of the judge in the execution steps aimed at making the right, obligation and net liabilities on attachment of goods and payment of the claim.

Article 4 penalty Is the Government allowed to establish a minimum value and aggravate the penalty to which the run is subject, having assets, omit to declare that.

Article 5 amendment to the Statute of the Chamber of bailiffs Is the Government allowed to change the status of the Chamber of bailiffs, with the following meaning and extension: a) modify the organic structure of the Chamber of bailiffs and change current organ skills; b) Create a body intended to discipline the effectiveness of executions which compete the exercise of disciplinary authority over the enforcement agents, with possibility of delegation, predicting their other skills and composition, taking into account article 2 (a)); 8 c) Legislate on the conditions for entry and registration in the Chamber of bailiffs of enforcement agents, having regard to article 2 (a)); d) Legislate on initial formation of candidates the enforcement agents, having regard to article 2 (a)); and) Define the incompatibilities of the enforcement agent activity with other professional activities, as well as establishing the regime of impediments, having regard to (a)) and e) of article 2; f) regulate professional secrecy and disciplinary offences and their penalties to enforcement agents, taking into account the points (e)), f) and (g)) of article 2; g) regulate the replacement regime and the dismissal of the enforcement agent, having regard to article 2 (c)); h) regulate the conditions for the exercise of the activity of enforcement agent, having regard to subparagraph (d)) of article 2; I) regulate the conta-cliente of the enforcement agent; j) provide for the establishment of a list of permanently updated enforcement agents in computer-readable form, stating, in particular, the indication of the suspended enforcement agents.

Article 6 amendments to the Statutes of the Bar Association Is the Government allowed to change the status of the Bar Association in order to allow for the inscription on the bar, as a lawyer, and the registration in the Chamber of bailiffs as enforcement agent, in compliance with the requirements arising from point (a)) of article 2 and of article 5.

Article 7 data access and breach of confidentiality Is the authorized Government: a) to allow the direct access and consultation by the enforcement agent of the constant elements of databases, records or files, necessary for the full realization of their powers, without judicial authorization 9 and without prejudice to the duty of cooperation provided for in articles 519.º and 519.º of the code of Civil procedure; b) to allow the direct access and consultation by the enforcement agent of the constant elements of databases, records or files, the ownership of the tax administration regarding the name, tax identification number and the tax domicile of the run together these services and the identification and location of their goods, without the need for judicial authorization and without prejudice to the duty of cooperation provided for in articles 519.º and 519.º of the code of Civil procedure; c) to allow the direct access and consultation by the enforcement agent of the constant elements of databases, records or files, of ownership of social security institutions concerning the name, social security number and the address of the run together these services and the identification and location of their goods, without the need for judicial authorization and without prejudice to the duty of cooperation provided for in articles 519.º and 519.º of the code of Civil procedure; d) to review the system of attachment of bank deposits and securities, allowing the enforcement agent directly request the cooperation of the competent institutions in the investigation of the existence of goods or values the pawning and its attachment.

Article 8 computer record of executions


1-Is the Government allowed to provide for the use of the existing computer record for a list of public access to executions extinguished with partial payment or goods have been found not attachable, with the purpose of giving effectiveness to the seizure and liquidation of assets, prevent any jurisdictional conflicts resulting from the failure to comply with contractual and promote punctual compliance of obligations , which included the identification of runs, the value in debt and the fact that the extinction of execution 2-the Ordinance authorized shall provide for the following possibilities: the exclusion of records pertaining) to end executions for more than five years; " 10 (b)) to provide expedited means the data subject to request the rectification of the data entered on the list referred to in the preceding paragraph; c) could challenge the decision obtained before a judge; d) Of having place the rectification, interested have the right, upon request, that the incorrect data contained in the list of extinct executions be replaced by recognition, expressed and with equal emphasis, having checked the inaccurate; and there is correction and updating) unofficial, or at the request of the holder of the data entered on the list referred to in the preceding paragraph; f) suspension of the records regarding executions against run multi or sobreendividados to join and meet a debt payment plan prepared by entities recognised by the Ministry of Justice, which provide support to multi or over-indebtedness.

Article 9 institutionalised Arbitration under the executive action 1-Is the Government allowed to create a system of institutionalised arbitration within the framework of executive action, in particular by providing for the creation of voluntary arbitration centres responsible for the settlement of disputes arising out of the execution process, to conduct due diligence and to support the resolution of situations of multi or over-indebtedness. 2-the Ordinance authorized must provide that, in the processes of implementation submitted to the Arbitration Centre: a) The run process acts within the competence of the Justice of the implementation are the responsibility of the judges referees; b) resources and actions for annulment of arbitration awards instituted in relation to decisions of judges referees to check and graduem credits or who decide to oppositions to the execution or attachment does not have suspensive effect, except where there is provision of security by the applicant or the applicant for annulment; c) The acts of the process of implementation of the enforcement agent may be the competence of the Arbitration Centre itself or of enforcement agents. 11 article 10 duration of the authorisation granted by this law lasts for 180 days.

Seen and approved by the Council of Ministers of 20 December 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 12 were heard the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the Public Ministry, the Council of Justice and the National Commission for Data Protection. The necessary steps were promoted to hearing of the Bar Association and the Chamber of bailiffs. So: the use of legislative authorization granted by law no __/2007, __ of ___, and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Code of Civil Procedure Chapter I article 1 amendment to the Civil Procedure Code The articles 46, 50, 51, 801.º, 803.º the 812.º, 812.º-A, 814.º, 816.º , 824.º, 827.º, 828.º, 831.º to 834.º, 837.º to 840.º, 842.º-843.º, 845.º, 847.º,, 848.º, 851.º, 854.º, 856.º, 857.º, 859.º, 860.º, 861.º, 861.º-A, 862.º, 862.º-A, 864.º, 864.º-A, 866.º, 869.º to 872.º, 875, 877.º, 879(a), 882.º, 885.º, 886.º .886. C, 888.º, 890.º, 891.º, 897.º, 900.º, 901.º-A, 904.º, 905.º, 906.º, 907.º-A, 908.º, 916.º, 917.º, 919.º the 922 is void-B , 936.º, 937.º and 941.º of the code of Civil procedure, approved by Decree-Law No. 44129, of 28 December 1961, as amended by Decree-Law No 47690, of 11 May 1967, by law No. 2140, of 14 March 1969, by Decree-Law No. 323/70, of 11 of July, by ministerial order No. 439/74, of 10 July, by Decree-Law No 261/75 , may 27, 165/76, March 1, 201/76, of 19 March, 366/76, of 15 may, 605/76, of 24 July, 738/76, of 16 October, 368/77, September 3, and 533/77, of 30 December, by law No. 21/78, of 3 may, by Decree-Law No 513-X/79 , Dec 27, 207/80, of 1 July, 457/80, of 10 October, 224/82, 8 June, and 400/82, of 23 September, by law No. 3/83, of 26 February, by Decree-Law No 242/85, of 9 July, 381-A/85, of 28 September, and 177/86, July 2 , by law No. 31/86, of 29 August, by the decree-laws Nos 92/88, of March 17, 321-B/90 of 15 October, 211/91, of June 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15 February, 329-A/95 of 12 December, 180/96, of 25 September , 125/98, 12 13 may, 269/98, of September 1, and 315/98, of 20 October, law No. 3/99, of 13 January, by Decree-Law No 375-A/99, of 20 September, and 183/2000, 10 of August, by law No. 30-D/2000, of 20 December, by decree-laws no 272/2001 , 13 October, and 323/2001, of 17 December, by Act No. 13/2002, of February 19, by Decree-Law No 38/2003, 8 March 199/2003, of 10 September, 324/2003, of December 27 and 53/2004, of March 18, by law No. 6/2006 of 27 February, by Decree-Law No. 76-A/2006 , 29 March, by paragraphs 14/2006, 26 April, and 53-A/2006, of 29 December, and by Decree-Law No 8/2007 of 17 January 2007, 303/24 of August shall be replaced by the following:% quot% article 46 [...]

1. The execution can only serve as a basis:) [...] b) documents formally drawn up or authenticated, by notary or by other entities or professionals with competence to do so, importing creation or recognition of any obligation; c) […]; d) […]. 2. […].

Article 50 authentic or authenticated documents Feasibility


Documents formally drawn up or authenticated, by notary or by other entities or professionals responsible for such, future benefits or purport if envisages the establishment of future obligations may serve as a basis for the implementation, since proven, by document passed in accordance with the clauses of them constants or, being those missing, enforceable coated itself, that some provision was made for completion of business or 14 that any obligation was established following the weather forecast of the parties.

Article 51 Implementation of the writings with signature to pray in private with signature to pray, the document has enforceable only if the signature is notarised or by other entities or professionals responsible for such.

Article 801.º scope 1-[previous article body]. 2-the conduct of Executive processes is carried out electronically, in accordance with article 138.

Article 803.º [...]

1-When the obligation is alternative and belonging to the debtor the choice of delivery, this shall be notified by the enforcement agent to, within 10 days, if another has not been fixed by the parties, declare for which benefits chooses. 2 - [...]. 3-fitting to choose the third, this is notified to carry out, in accordance with paragraph 1. 4-in the absence of choice by the third, as well as if there are several debtors and not be able to form a majority on the choice, this is made by the creditor.

Article 804.º [...]

1 - [...]. 15 2-When the proof cannot be made for documents, the lender, by requiring the execution, provides immediate evidence thereof. 3-in the case referred to in the preceding paragraph, the enforcement agent promotes the intervention of the Court, which enjoys summarily proof produced, unless the judge understand necessary to hear the debtor. 4-in the case referred to in paragraph 1, the debtor shall be quoted with the warning that, in the absence of objection, it is considered verified the condition or made or offered to provide, pursuant to the request except Executive article 485.º. 5-[previous paragraph 3]. 6-[previous paragraph 4].

Article 805.º [...]

1 - [...]. 2-When running understand interest that they continue to win, your settlement is made final, by the enforcement agent, in the face of the instrument and of the documents that the operator offers in accordance with it or, where appropriate, in the light of the legal interest rates applicable. 3-in addition to the preceding paragraph, the enforcement agent, monthly and at the time of cessation of application of the measure, settles charges due as a result of the imposition of a periodic penalty payment and notifies the run at the time of sale. 4-When, not being the one sentence, the settlement doesn't depend on simple arithmetic calculation, the enforcement agent cites the run for the contest, as opposed to running, with the warning that, in the absence of objection, the obligation is considered fixed under the Executive, unless application article 5-485.º in the cases provided for in the preceding paragraph There is dispute or default being inoperative, apply paragraphs 3 and 4 of article 16 6-380.º [previous No. 5]. 7-[previous paragraph 6]. 8-[previous paragraph 7]. 9-[previous paragraph 8].

Article 806.º [...]

1-the computer record of executions contains the list of pending executions and, for each one of them, the following information: a) identification of the implementation process; b) [...]; c) [...]; d) [...]; e) [...]; f) [...]; g) [...]. 2-[...]:) [Repealed]; b) [...]; c) the extinction of execution because they have not been found goods attachable, pursuant to paragraph 3 of article 832.º and paragraph 9 of article 3-833.º the data contained in the preceding paragraphs are released daily by the enforcement agent. 4 - [...]. 5-the data referred to in paragraph 1 shall be accompanied by the identification of the process and the information referred to in (a)) and c) of paragraph 1.

Article 807.º Rectification, updating, deletion and querying of data 1-[...]. 17 2-the mention of the execution have been closed with partial payment or have been extinguished, pursuant to points (a) (b)) and c) of paragraph 2 of the preceding article, may be deleted at the request of the debtor, as soon as this proves compliance with the obligation. 3-After full payment, the registration of the running end is removed immediately and automatically by the enforcement agent. 4-the computer record query executions can be carried out: a) For judicial magistrate or public prosecutor; (b)) per person able to exercise the judicial mandate or enforcement agent; c) by the holder of the data; d) who have contractual or pre-contractual with the data subject or reveal another interest of consideration in the appointment, upon consent of the holder or authorization given by the entity indicated in the following paragraph diploma. 5-[previous paragraph 4] Article 808.º [...]


1-it is the responsibility of the enforcement agent, unless the law determines otherwise, carry out all the stages of implementation, including, under order of the Member of Government responsible for the area of Justice, citations, notifications and publications. 2-it is, also, the enforcement agent settle the charges and claims of creditors and immediately all payments pursuant to regulation of Costs. 3-the enforcement agent is appointed by the judgment creditor, of the enforcement agents appearing on a list provided for this purpose by the Chamber of bailiffs. 4-there is no enforcement agent entered in the region or happening another cause of impossibility, the creditor can require the implementing arrangements provided for in this title are carried out by bailiff, determined in accordance with the rules of distribution. 18 5-The executions in the State's judgment creditor, all execution arrangements provided for in this title are held by bailiff. 6-the enforcement agent may be freely replaced by the judgment creditor or, on the grounds of procedural action intentionally or negligently or in serious breach of duty which is imposed by the Statute, deprived by the competent disciplinary action on the enforcement agents, and the replacement or removal be communicated electronically to the Court, under order of the Member of Government responsible for the area of Justice. 7-steps involving relocation out of the area of the district and its adjoining, or Lisbon Metropolitan area or the port in the case of her district, can be carried out, the request of the designated enforcement agent and under your responsibility, for this area or enforcement agent, in your absence, by bailiff. 8-the official request of Justice provided for in the preceding paragraph is addressed to the registry of the Court of the judicial district of the diligence, by electronic means. 9-the enforcement agent may, under your responsibility, promote the achievement of arrangements which do not constitute an act of seizure, sale, payment or other Executive in nature, by employee to your service, accredited by the Chamber of bailiffs pursuant to paragraph 4 of article 10-161 in the practice of démarches of the run, or third parties, official bodies the enforcement agent identifies itself with the copy of the application.

Article 809.º [...]

1-Without prejudice to other interventions established in law, it is for the judge: a) [...]; b) […]; c) Judge, without possibility of appeal, complaints of acts and 19 appeals of decisions of the enforcement agent within 10 days; d) […]. 2-When the requests for intervention of the judge, under paragraph 1 (a)) and (d)) of the preceding paragraph, to be manifestly unjustified, the judge may impose a fine to applicants.

Article 810.º [...]

1-in the request addressed to the Court, execution, the judgment creditor: a) identifies the parties, indicating their names, domiciles or registered offices and, where possible, professions, places of work, membership and civil identification numbers and tax identification; b) Indicates the professional domicile of the legal representative; c) Means the enforcement agent, pursuant to paragraphs 3 and 4 of Article 808.º; d) Indicates the order of execution; and) exposes briefly the facts underlying the request, when not included in the title; f) Formulates the request; g) Declares the value of the claim; h) Settles the obligation and chooses to provide, where this fits to the creditor; I) Indicates, where appropriate, the employer of the run, the accounts and assets of this, as well as the burden and charges imposed on them; j) Requires the waiver of prior quotation, in cases where it is permissible. 2-[Repealed]. 3-[Repealed]. 4-[Repealed]. 5-in the indication of the goods the pawn, the judgment creditor, as much as possible: 20) [...]; b) as for the furniture, designate the place as is and make your specification, indicating, in the case of movable property subject to registration, the registration thereof; c) […]; 6-[Repealed] 7-without prejudice to the submission of other documents, the application is accompanied by a copy of the instrument, of documents or titles that have been possible to obtain in respect of the goods listed and assets proving the payment of the initial or justice to grant the benefit of legal aid, in the form of total or partial exemption of the same pursuant to paragraphs 3 and 8 of article 150 8-the application is presented to the Court by electronic means and sent by the same means to the enforcement agent designated pursuant to article 138-A, there is no way for the infraction. 9-for the purposes of the preceding paragraph, the computer system ensures automatically and unofficially: a) the creation of a unique number of the implementation process, with the presentation of the application; b) electronic submission of Executive and other application documents to the designated enforcement agent, indicating the unique number of the process. 10-the model and terms of presentation of the request and of the documents and supporting Executive that accompany it are defined by order of the Member of Government responsible for the area of Justice.

Article 811.º [...]

1-the enforcement agent refuses to receive the application when: a) obey to the approved pattern or omits some of the 21 requirements imposed by paragraph 1 of article 810.º; (b)) is not presented a copy of the instrument or be expresses the failure title presented; c) [...]. 2 - [...]. 3-the judgment creditor may submit another application or the document missing Executive in 10 days following the refusal of receipt or the notification of the judgment that the confirm, considering the new application filed on the date of first performance.

Article 812.º [...]

1-whenever there is any injunction, the case is referred to the judge by the enforcement agent. 2-[...]: a) is manifested a lack or insufficiency of the title and no enforcement agent has refused the application; b) [...]; c) [...]. 3 - [...]. 4 - [...]. 5 - [...]. 6-When the process should continue and, in the case of paragraph 3 of article 804.º, the debtor should be heard, the judge gives order to quote from run to within 20 days, pay or oppose the execution. 7 - [...].

Article 812.º [...]


1-Without prejudice to the following paragraphs, not the injunction on executions based on: a) [...]; 22 b) [...]; c) document recorded or authenticated, by notary or by other entities or professionals responsible for such, or private document with face-to-face recognition of the debtor's signature, provided that: (i)) the amount of the debt does not exceed the jurisdiction of the Court of appeal and request document is submitted by the debtor, where it was necessary to the maturity of the obligation; II) exceeding the amount of the debt the purview of the Court of appeal, the judgment creditor show have required compliance by judicial notice uvula; d) [...]. 2 - [...]: a) [...]; b) in the case of paragraph 3 of article 804.º. 3-The executions exempt from injunction, the enforcement agent shall give rise to the intervention of the judge when:) [...] b) [...]; c) [...].

Article 814.º grounds for opposition to the execution based on judgment or injunction-1 [previous article body]. 2-the provisions of the preceding paragraph shall apply mutatis mutandis to opposition to the execution was founded in application for a European order to what has been bet formula enforceable, since the procedure for formation of this title opposition by the defendant admits.

23 Article 816.º [...]

Not basing the sentence execution or application for injunction which has been bet enforceable formula, in addition to the grounds of opposition specified in paragraph 1 of article 814.º, in so far as they are applicable, may be alleged any other that may be invoked in the process.

Article 824.º [...]

1 - [...]. 2 - [...]. 3 - [...]. 4-at the request of the run, the enforcement agent exempt from garnishment the proceeds of that for a period of six months, if the applicant's household has a relevant income for the purpose of legal protection equal to or less than three-quarters of the value of the Social support Index. 5-at the request of the run, the enforcement agent reduces to half the attachable part of income that, for a period of six months, if the applicant has a household income relevant to the purposes of legal protection of more than three quarters and less than or equal to two and a half times the amount of the Social support Index. 6-in addition to the situations referred to in paragraphs 4 and 5, at the request of the executed, can the enforcement agent, heard the judgment creditor, propose to judge the reduction for a period as it deems reasonable, the attachable part of income, considered the amount and nature of the claim must be deposited, as well as the needs of the run and your household. 7-can also the enforcement agent, the application of the judgment creditor and the adjusted amount and the nature of the claim must be deposited, as well as the lifestyle and the needs of your household, and hearing the 24 runs, propose to judge the removal of paragraph 3 and reduce the minimum tax threshold in paragraph 2, except in the case of a pension or social benefit. 8-run agent decisions provided for in paragraphs 4 to 7 are substantiated and likely to appeal to the judge. 9-the proposals sent by the enforcement agent to court under paragraphs 6 and 7 contain a reasoned decision proposal.

Article 827.º [...]

1 - [...]. 2-When the attachment fall on other goods, the run, indicating the goods you have in your heritage power, may require to run the lifting agent that, being the wish fulfilled, heard the judgment creditor, this does not object. 3 - [...].

Article 828.º [...]

1 - [...]. 2-set up running only against the subsidiary debtor and invoking this the benefit of the prior discussion, can the creditor do continue the execution against the debtor, seizure of the main assets of this, with the enforcement agent. 3 - [...]. 4-in the case referred to in point (b)) of the preceding paragraph, the run can invoke the benefit of prior discussion as opposed to attachment, requiring its withdrawal when: a) going on main assets of the debtor, the creditor did not proceed against him running, within 10 days of notification that was deducted the said opposition; b) is clear that the seizure carried out over 25 main assets of the debtor is sufficient to achieve the purposes of the execution. 5-If the execution has been moved only against the principal debtor and the goods of this may prove insufficient, can the creditor do continue the execution against the debtor, with the implementing agent. 6 - [...]. 7 - [...].

Article 831.º [...]

1 - [...]. 2-in the Act of seizure, if the third party has the goods in your power by way of lien or right of retention and, if so, CITES, the third. 3-Just when the summons referred to in the preceding paragraph cannot be made regularly and immediately noted its domicile for purposes of subsequent citation.

Article 832.º [...]

1-steps to the attachment begins within five working days:) after submission of application Executive who dispense the injunction and the quotation of the run; b) After expiry of the time limit for opposition run previously quoted without has been deducted; or c) upon notification from the Secretariat to the enforcement agent, after given order dismiss the prior quotation or not suspend the execution in accordance with article 818.º or, suspending execution after being dismissed the opposition inferred. 2 - [...]. 3-When against the run has been moved without payment, integral terminated execution take place the steps provided for in paragraph 1 of article 26 following, after what the operator is notified, where appropriate, to indicate variety goods within 30 days, extinguishing execution if none is found. 4 - [...]. 5 - [...]. 6-there is no place to suspension or termination of execution or your referral, enforcement agent enlists in the computer record of executions the data referred to in paragraph 1 of article 806.º Article 833.º [...]


1-the realization of garnishment is preceded by all useful steps to the identification or location of property assets by the enforcement agent, whenever the application non-executive identified sufficient goods and without any judicial authorization, to the query, in the databases of the tax administration, social security, the Office of the land registry, commercial and automobile and other records or similar files all the information about the identity of the executed with these services and on the identification and location of property of the run. 2-the information about the executed identification referred to in the preceding paragraph include: a) in respect of databases of the tax administration, the name, tax identification number and tax domicile; b) concerning social security databases, the protective measures of land registry, commercial and automobile and other records or similar files, namely the name and civil identification numbers and social security beneficiary, respectively. 3-the direct consultation by the enforcement agent to the databases referred to in paragraph 1 shall be carried out in accordance with the set by order of the Member of Government responsible for the area of Justice and, when matter is concerned on the databases of the tax administration or the 27 social security, should be approved also by the members of the Government responsible for the areas of finance or of social security , respectively, in accordance with the requirements required by the electronic certification system of the State-public key infrastructure. 4-the regulation referred to in paragraph 1 must specify, for each query, and the retention of data relating to appointment date and the identification of their Executive process and the enforcement agent consultant. 5-When electronic access is not possible, by the enforcement agent, the information on the identification and location of property of the run, the services referred to in paragraph 1 shall provide them through more quickly and within 10 days. 6-the other query statements or elements protected by tax confidentiality, as well as other data subject to confidentiality arrangements, shall be subject to the court order, applying paragraph 2 of article 519.º, with any necessary adaptations. 7-[previous paragraph 4]. 8-[previous No. 5]. 9-If the run did not pay nor indicate goods to attachment, shall cease execution. 10-when later it is found that had goods attachable, the executed there is no made any statement, or there are made false statement of result the non-discharge of goods sufficient for satisfaction of the obligation is subject to a penalty payment, in the amount of 5% of the debt per month, with a minimum limit of EUR 1000 global, from the date of default until the discovery of the goods.

Article 834.º [...]

1-the enforcement agent, carries out, firstly, the attachment of goods whose monetary value is of easier realization and shows the amount of the claim of the creditor, preferably the attachment of bank deposits. 28 2-[...]. 3-the attachment can be enhanced or replaced in the following cases: a) when executed requires the enforcement agent within the opposition to attachment, the substitution of goods seized by others who also ensure the purposes of implementation, since it does not oppose appears to be the judgment creditor; b) [...]; c) [...]; d) [...]; e) [...]; f) [...]. 4 - [...]. 5 - [...].

Article 837.º Obligation of information 1-the enforcement agent informs the operator of all the representations made and the reason for the frustration of attachment. 2-the information referred to in the preceding paragraph are carried out exclusively by electronic means within one business day after the completion of each stage or knowledge of the reason for the frustration of garnishment in accordance with the set by order of the Member of Government responsible for the area of Justice.

Article 838.º [...]

1-the attachment of things real estate takes place by electronic communication to the competent land registry, which serves as introduction to the effect of registration, upon payment of the fees due by the enforcement agent or by the judgment creditor in cases where the execution steps are carried out by bailiffs. 29 2-it is not possible to access to the land registry, the attachment and subject to the provisions of paragraph 5, the Government sends to the enforcement agent the certificate of registration and certificate of the burden on the property attached. 3 - [...]. 4 - [...]. 5 - [...]. 6-[Repealed]. 7-[Repealed].

Article 839.º [...]

1 consists of depositary of the goods the enforcement agent or, in cases where the execution steps are carried out by bailiff, for this person designated, unless the creditor consents to be executed himself keeper or any of the following circumstances occurs: a) [...]; b) [...]; c) [...]. 2 - [...]. 3-Notwithstanding the provisions of paragraph 3 of article 861.º, rents in cash are deposited in a credit institution, to the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat, as they fall due or if cover.

Article 840.º [...]

1 - [...]. 2-When is opposite some resistance, the enforcement agent may request the assistance of the police directly. 30 3-understand necessary, the enforcement agent requires the judge the breaking of doors. 4-the judge, when you understand that the enforcement agent in the application referred to in the preceding paragraph, shows sufficient reasons, determines the breaking of doors by public force, and, for this, plowed auto occurrence. 5-[previous paragraph 3]. 6-police authorities who provide aid under this article is due a remuneration for services rendered, which is a charge for the purposes of regulation of Costs and terms to be defined by order of the members of the Government responsible for the areas of Internal Affairs and justice.

Article 842.º [...]


1-When the property pawned for divisible and the value exceeds your clearly the debt and credits claimed, the run can apply to the enforcement agent to your fractionation authorization, without prejudice to further implementation. 2-listen to stakeholders, the enforcement agent authorizes that the splitting of the property and the lifting of the attachment on any of the buildings resulting from the Division, when the remaining value fill expresses to the satisfaction of the creditor and the creditor credit claimants.

Article 843.º [...]

1 - [...]. 2 - [...]. 3-the enforcement agent can assist in the administration of goods, of employees acting under your responsibility. 31 Article 845.º [...]

1-at the request of any interested party, is removed from the depository that, not being the enforcement agent, leave to fulfill the duties of your position. 2 - [...]. 3 - [...].

Article 847.º [...]

1-run the enforcement agent may apply for the lifting of the attachment if the creditor, negligence or the enforcement agent, are not taken any steps to carry out the actual payment of the claim in the six months preceding the application. 2-[Repealed]. 3-Raised the attachment in accordance with paragraph 1, are charged, the judgment creditor, the expense to which gave cause. 4-Any creditor whose claim may be defeated and has been claimed to be paid for by the proceeds from the sale of seized property can override to the judgment creditor in the Act that he has neglected since three months about the beginning of the performance the creditor and negligent while is not required the removal of the attachment. 5-in the case referred to in the preceding paragraph, shall apply, mutatis mutandis, paragraph 3 of article 920 until the judgment creditor to resume the normal practice of executive acts.

Article 848.º [...]

1 - [...]. 2 - [...]. 32 3-When, for the attachment, it is necessary to force entry into the residence of the run or third as well when there is justified fear that such, applies the provisions of paragraphs 2 to 6 of article 4 840.º-money, credit papers, stones and precious metals that are seized are deposited in a credit institution , the order of execution, or, in cases where the execution steps are carried out by judicial officer, Secretariat.

Article 851.º [...]

1 - [...]. 2-the attachment of motor vehicle is followed by vehicle impoundment, notably through the introduction of stamps or immobilizers, under paragraphs 3 to 8 of article article 161 and 164 of Decree-Law No. 44/2005, of 23 February, with the necessary adaptations, and the Concierge member of the Government responsible for the area of Justice. 3-After the seizure and detention, the vehicle is only removed when the enforcement agent understand necessary for the safeguarding of the well, by applying mutatis mutandis the provisions of articles 167 and 168 of Decree-Law No. 44/2005, of 23 February. 4 - […]. 5 - […].

Article 854.º [...]

1-When requested by the enforcement agent, the depositary is required to present the goods received, except as provided in the preceding articles. 2 - [...]. 3 - [...].

33 Article 856.º [...]

1 - [...]. 2-Meets the debtor to declare the claim exists, what are the guarantees that accompany it, what date if WINS and any other circumstances that may be of interest to the implementation. 3-can not be made at the time of notification, the statements are provided to the enforcement agent within 10 days. 4-[previous paragraph 3]. 5-[previous paragraph 4]. 6-the judgment creditor, the runs and the creditors may require claimants to the enforcement agent to practice, or the authorization for the practice of acts that are essential for the upkeep of the credit law pawned. 7-[previous paragraph 6].

Article 857.º [...]

1-the attachment of rights incorporated in securities and securities held not covered by paragraph 14 of article 861.º-held by the title, ordering seizure, wherever possible, the endorsement of the burden resulting from the attachment. 2 - [...]. 3-credit titles seized are deposited in a credit institution, to the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat.

34 Article 859.º [...]

1-if the debtor to declare the enforceability of the obligation depends on the provision by the run and this confirm, in writing, the Declaration, the run is notified to satisfy the provision within 15 days. 2 - [...]. 3 - [...]. 4-in the cases referred to in paragraph 2, the provision may be required in the same execution and no need to quote from the run, serving the enforcement order your declaration of recognition of the debt.

Article 860.º [...]

1-once the debt if you win, the debtor than there is challenged is obliged to deposit their importance in a credit institution, to the enforcement agent or, in cases where the execution steps are carried out by a bailiff, the Secretariat, and to submit to the enforcement agent the document, or to deliver the thing due to the enforcement agent that works as your trustee. 2 - [...]. 3 - [...]. 4-Checking, in opposition to the execution, in the case of paragraph 4 of article 856.º, the credit didn't exist, the debtor liable for damages under the general terms, liquidating itself to your responsibility in his own opposition, when the operator make on contesting the right to compensation. 5 - [...].

35 Article 861.º [...]

1 - [...]. 2-the amounts deposited are the order of the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat, remaining unavailable until the expiry of the time limit for opposition runs, if it does not oppose, or, otherwise, to the final transit of the decision about her fall. 3-within opposition, if this has not been deducted, or judged the opposition as unfounded, the enforcement agent gives the creditor the amounts deposited to ensure no claim, up to the value of the debt, after discounted the amount relating to expenses of execution referred to in paragraph 3 of article 821.º Article 861.º [...]


1-the attachment relating to existing deposit institution legally authorized to receive it is made preferably by electronic communication, applying the rules relating to the attachment of credits, with the specialties given in the following paragraphs. 2 - [...]. 3-When it is not possible to identify the bank account, is the portion of the pawned runs on all existing deposits balances in the institution or institutions referred to the limit established in paragraph 3 of article 4 821.º, notified several institutions, the limit laid down in paragraph 3 of article 821.º if show exceeded, the enforcement agent to reduce the attachment. 5-For the purposes of paragraphs 3 and 4, are successively observed by the notified entity and by the enforcement agent, the following criteria of preference in the choice of the account or accounts whose balances are pledged:) [previous) (a) of paragraph 4] 36 b) [previous) (b) of paragraph 4] 6-notification is made directly to credit institutions, indicating that the existing balance , or the share of the run that balance, is captive since the date of the notification and, without prejudice to paragraph 10, can only be moved by the enforcement agent, up to the limit established in paragraph 3 of article 821.º. 7-[previous paragraph 6] 8-the entity notified shall, within 10 days, notify the enforcement agent the amount of balances, or the absence of account or balance, communicating, then to run the attachment. 9-in the case referred to in paragraph 3 of the article 824.º, share blocking the balance, after two stops working days after expiry of the period referred to in the preceding paragraph, the enforcement agent does not confirm the completion of the attachment. 10-[previous paragraph 8] 11-without prejudice to the provisions of the preceding paragraph, the institution is responsible for bank balances her existing on the date of the notification and provide the enforcement agent where extract containing all transactions affecting deposits seized after out of Hock. 12-providing institutions collaboration to implement under this article is due a remuneration for his services in the investigation of the existence of bank accounts and on the attachment of gross balances, which is a charge under the terms and for the purposes of regulation of Costs. 13-after the period of opposition, if this has not been deducted, or judged the opposition as unfounded, the enforcement agent gives the creditor the amounts pledged that no guarantee claim, up to the value of the debt, after discounted the amount relating to expenses of execution referred to in paragraph 3 of article 14 821.º-with the exception of (b)) of paragraph 5 the preceding paragraphs shall apply, mutatis mutandis, to the attachment of book-entry securities or held, integrated into a centralized system, registered or deposited in financial intermediary or registered with the respective issuer 37.

Article 862.º [...]

1 - [...]. 2 - [...]. 3 - [...]. 4-When all co-owners make the Declaration referred to in the second part of paragraph 2, the sale of assets or of good in your entirety. 5 - [...]. 6 - [...].

Article 862.º [...]

1 - [...]. 2 - [...].

3-When the operator appears to be opposed to the run continue in the management of the establishment, the enforcement agent shall appoint an administrator with powers to carry out the respective ordinary management. 4 - [...]. 5 - [...]. 6 - [...].

Article 864.º [...]

1-the quote of the run, the spouse and of creditors is carried out in general terms, but just the run can take place editalmente, in terms of order of the Member of Government responsible for the area of Justice. 38 2-[...]. 3 - [...]: a) [...]; b) [...]; c) [Repealed]; d) [Repealed]. 4-the entities referred to in the tax laws, the State, with a view to the protection of his rights, and the possible Social Security Institute, i. p. and the financial management Institute of Social Security, I. P., with a view to social security rights, are quoted within five days, exclusively by electronic means in accordance with the regulations by order of the Government officials responsible for the area of Justice , finance and social security, in accordance with the requirements required by the electronic certification system of the State-public key infrastructure. 5-[previous No. 4]-6 [previous paragraph 5] 7-[previous paragraph 6] 8-the quote of the executed is replaced by notification when the service has taken place, as well as when, quoted the run for the execution of a given title, if aggregate after the execution of another title, in this case, article 235, duly adapted, without prejudice to the notification if doing in the person of the agent When constituted. 9-[previous paragraph 8] 10-[previous paragraph 9] 11-[previous paragraph 10] Article 864.º [...]

1-the spouse of the executed, quoted in accordance with subparagraph (a)) of paragraph 3 of the preceding article, is permitted to deduct, within 10 days, or until the expiry of the period granted to run, if it ends after that, 39 opposed to execution or attachment and to exercise, at the stage of verification and graduation of credits and payment phase , all rights to the procedural law confers on the run. 2-the spouse of the run can also require the separation of property of the spouses, in accordance with paragraph 5 of article 825.º, when the attachment fall on Commons.

Article 866.º [...]

1-expiry of the time limit for the lodgement of claim or complaint presented pursuant to paragraph 3 of article 865.º, are notified by the clerk of the Court, the run, the judgment creditor and lenders claimants, applying the notification of article 235, duly adapted, without prejudice to the notification if doing in the person of the representative, when constituted. 2 - [...]. 3 - [...]. 4 - [...]. 5 - [...].

Article 869.º [...]

1 - [...]. 2-Received the application referred to in the preceding paragraph, the Secretariat notifies the run to within 10 days to comment on the existence of the credit invoked. 3 - [...]. 4 - [...]. 5 - [...]. 6 - [...]. 7 - [...].

Article 40 870.º stay of execution in cases of insolvency Any creditor may obtain a stay of execution, in order to prevent the payments, showing that the recovery was raised or the insolvency of the run.

Article 871.º [...]


1-Pending more than one execution on the same goods, is sustada, as for these, the one in which the attachment was later. 2-the suspension is carried out by the enforcement agent who performed the previous 10 days us immediate attachment to the implementation of the second attachment or the first. 3-the suspension provided for in paragraph 1 may also be carried out at any time, at the request of the creditor, the creditor or cited to claim your credit, in accordance with the preceding paragraph.

Article 872.º [...]

1-payment can be made by delivery of money, by the award of seized property, the deposit of their income or the proceeds of the sale thereof. 2 - [...].

Article 875 [...]

1 - [...]. 2 - [...]. 3 - [...]. 4 - [...]. 41 5-[...]. 6-the award of credit law is made by way of restitution pro solvendo, if desired and the remaining creditors do not oppose, extinguishing when execution should not proceed on other goods. 7-Being close to expiration date, can the creditors wake up, or the enforcement agent determine, a stay of execution on the pledged credit to maturity. 8 - [...].

Article 877.º [...]

1 - [...]. 2-in the absence of higher priced proposal, the provisions of articles 893.º and 894.º 3-[...].

Article 879(a) [...]

1 - [...]. 2 - [...]. 3 - [...]. 4-the consignment is carried out by electronic communication to City Hall, by applying mutatis mutandis, the provisions of paragraphs 1 and 2 of article 5 838.º-[...].

Article 882.º [...]

1-is the payment in installments of the debt, if operator and executed, by mutual agreement, apply, 42 agent running, a stay of execution. 2 - [...].

Article 886.º [...]

1 - [...]: a) [...]; b) [...]; c) [...]; d) [...]; e) [...]; f) sale in public deposit or equated. 2 - [...].

Article 886.º-C [...]

1-the enforcement agent may perform or authorize the advance sale of goods when they cannot or should not be kept for being subject to deterioration or depreciation, or where there is a manifest advantage in anticipation of the sale. 2 - [...]. 3 - [...].

Article 888.º [...]

After the payment of the price and the tax due for the transmission, the enforcement agent requires the competent registry office, by electronic means, clearing the records of real rights shall expire in accordance with paragraph 2 of article 824.º of the Civil Code and not by Government-appointed cancellation.

43 Article 890.º [...]

1-Given the sale by tenders in sealed-letter bids, means the date and time for the opening of tenders, and should that be publicized by the enforcement agent through advertising on public access computers page, under order of the Member of Government responsible for the area of Justice, without prejudice, on the initiative of the enforcement agent or suggestions from interested parties in the sale , use other means of dissemination. 2-the announcement listed the name of the executed, the ID of the enforcement agent, the day, time and place of the opening of proposals, the summary identification of the goods and the base value of the sale. 3-[Repealed]. 4-[Repealed]. 5-If the sentence is executed is pending appeal or opposition is pending the execution or attachment, there is mention of the fact in the notice.

Article 891.º [...]

Until the day of opening of the tenders, the depositary is obliged to show the goods to those who want to examine them, and may fix the hours during the day, shall provide the inspection and the enforcement agent and display them in the announcement of the sale.

Article 897.º [...]

1-proponents should join your proposal, as collateral, a certified check, payable to the enforcement agent or, in cases where the execution steps are carried out by a bailiff, the Secretariat, in an amount corresponding to 10% of the base value of the property, or 44 bank guarantee in the same value. 2-Accepted a proposal, the proposer or preferred is notified to, within 15 days, deposit in a credit institution, to the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat, all or part of the price, with making provision provided for in next article.

Article 900.º [...]

1 - [...]. 2-Then, the conservative of the land registry shall register the sale and the cancellation of the registrations relating to rights that have expired with the sale, by applying, mutatis mutandis, paragraphs 1 and 2 of article 838.º Article 901.º [...]

1-selling retail store of value exceeding 500 UC takes place on a proposal of the judgment creditor, the run or a creditor that about him have collateral, through proposals in hole card. 2-tenders are opened, by the enforcement agent in the presence of the judge. 3 - [...].

Article 904.º [...]

The sale is made by private negotiation: a) [...]; b) [...]; c) when there is urgency in conducting the sale, acknowledged by the enforcement agent; d) [...]; 45 e) [...].

Article 905.º [...]

1 - [...]. 2-the day of sale can be entrusted with the enforcement agent, by agreement of all creditors and without opposition from the run, or, in the absence of agreement or going on opposition, by the judge's determination. 3 - [...]. 4-the price is deposited directly by the purchaser in a credit institution, to the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat, before drafted the instrument of sale. 5 - [...]. 6 - [...].

Article 906.º [...]

1 - [...]. 2 - [...]. 3 - [...]. 4-the Manager of the establishment lay the net on credit institution, to the enforcement agent or, in cases where the execution steps are carried out by judicial officer, Secretariat, and features in the process their knowledge, within five days after the completion of the sale, under pain of penalties to the unfaithful depository.

46 Article 907.º-sale on public deposit or 1 REM-Are sold in public warehouse, or treated as such, the goods have been removed and there should not be sold otherwise. 2-the sales referred to in this article are published monthly and are publicized in ads published in accordance with paragraph 1 of article 890.º and through posting of notices at the warehouse, containing the list of goods to sell and the words of paragraph 5 of the same article. 3-the way of realization of the sale by public deposit, which must take into account the nature of the goods to sell are regulated in order of the Member of Government responsible for the justice sector.

Article 908.º [...]


1-If, after the sale, recognize the existence of a burden or limitation that hadn't been taken into consideration and that exceeds the normal limits inherent rights of the same category, or error on the thing, for lack of conformity with what was announced, the buyer may request, in the implementation, the annulment of the sale and compensation the entitled , and article 906.º of the Civil Code. 2-the issue referred to in the preceding paragraph shall be decided by the judge, after hearing the judgment creditor, the runs and the lenders interested and examined the evidence that if you produce. 3 - [...].

Article 916.º [...]

1 - [...]. 2-the payment is made by direct delivery to the enforcement agent. 3-in cases where the execution steps are carried out by 47 of Justice official who wishes to use the option provided for in paragraph 1 requests the Secretariat, even if verbally, guides to the liquid portion or already paid creditor credit that is not remains by the proceeds from the sale or procurement of goods. 4-the deposit referred to in the preceding paragraph, susta-If execution, unless it is clearly insufficient, and the liquidation of the entire responsibility of the run. 5-[previous paragraph 4].

Article 917.º [...]

1 - [...]. 2 - [...]. 3 - [...]. 4-the applicant deposits the remaining balance is paid, under penalty of being convicted on charges that he gave and the execution proceed, and may not make the suspend without prior deposit of the amount already paid, less the product of sales or contracts made later and after deducted the credits whose extinction is proved by document. 5-Made the deposit referred to in the preceding paragraph, if new settlement of plus, observing the provisions of the foregoing provisions. 6-[previous No. 5].

Article 919.º [...]

1-the implementation shall cease in the following situations: a) as soon as you make the deposit of the amount paid, pursuant to article 917.º; b) after the settlement and payments by the enforcement agent, in accordance with the regulation of Costs, both in the case of the preceding article when you show satisfied 48 for paying the obligation adequate coercive; c) in the cases referred to in paragraph 3 of the article 832.º, paragraph 9 of article 833.º and paragraph 6 of Article 875; d) When another cause of extinction occurs. 2 - [...]. 3-the execution is communicated electronically to the Court, being assured by the computer system the automatic and electronic file of the process, without judicial intervention or the Secretariat.

Article 920 [...]

1 - [...]. 2 - [...]. 3 - [...]. 4 - [...]. 5-the judgment creditor can still apply for the renewal of the running, defunct under c) of paragraph 1 of article 919.º, when display goods and assets provided that the period of limitation shall apply, mutatis mutandis, the provisions of the preceding paragraph.

Article 921 [...]

1-If the execution goes over the heads of the executed and the latter has not been cited, when should be, or there are grounds to declare void the quote, can the executed request at any time that is aborted. 2-Sustados all terms of execution, known as soon as the complaint and, if upheld, will everything in the execution has practiced. 3-the complaint can be made even after after the execution. 49 4-If, after the sale, has elapsed time required for adverse possession, the run is only with the right to demand of the creditor, in case of fraud or bad faith, the compensation of the damage suffered, if that right has not prescribed however.

Article 922 is void-B [...]

1-appeal of appeal of decisions stop:) [Repealed]; b) [...]; c) Opposition founded under points g) or h) of paragraph 1 of article 814.º or in the second part of the article 815.º, or constituting merit defense enforcement of title other than judgment or injunction; d) [...]. 2 - [...]. 3 - [...]. 4 - [...].

Article 936.º [...]

1-Even before completion of the evaluation or execution set on the previous article, can the creditor do, or get under your direction and supervision, and work required for the provision of the fact that, with the obligation to give accounts to the enforcement agent; the settlement of compensation due, when applied for moratorium, along with accountability. 2 - [...].

50 Article 937.º [...]

1-Approved the Bills by the enforcement agent, the creditor's credit is paid for the product of implementation referred to in article 935.º 2-[...].

Article 941.º [...]

1-When the obligation of the debtor consists of not practicing any fact, the lender may require, in the case of rape, which is verified through expertise and that the judge order the demolition of the work that has been done, secure the creditor compensation for the damage suffered and the payment of the amount due by way of penalty payment where the debtor has already been sentenced or fixing the creditor wishes to get in the running. 2 - [...]. 3 - [...]. 4 - [...].»

Chapter II status of the Chamber of bailiffs article 2 amendment to the Statute of the Chamber of bailiffs articles 11, 70, 115 to 129, 131, 142 and 165 of the Statute of the Chamber of bailiffs, approved by Decree-Law No. 88/2003, of 10 September, and amended by law No 49/2004, 24 August, and 14/2006, 26 April , shall be replaced by the following: ' article 11 51 [...]

1 - [...]. 2 - [...]: a) [...]; b) [...]; c) [...]; d) [...]; e) [...]; f) [...]; g) the Commission for the efficiency of executions. 3 - [...]. 4 - [...]. 5 - [...].

Article 70 [...]

1 - [...]. 2 - [...]. 3-the compensation box of enforcement agents is subject to autonomous legislation.

Article 115 [...]

1 - [...]. 2-the solicitor or barrister who was enforcement agent is prevented from exercising judicial mandate, on behalf of the judgment creditor or the run for three years from the termination of execution in which has assumed the duties of enforcement agent.

52 Article 116 pursuit of the activity of enforcement agent The specific competence of enforcement agent and the other functions assigned to it can be carried out in accordance with this Statute and the law and under supervision of the Commission for the efficiency of executions.

Article 117 registration and Registration Requirements


1-can only carry out the duties of enforcement agent the solicitor or barrister who:) [Repealed]; b) 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 statutes of the Bar Association; d) has not been convicted in disciplinary penalty exceeding fine, while solicitor or as lawyer; and) Have completed successfully, the run agent stage; f) Having been implementing agent requires, within the five years following the termination of the subscription or registration before your re-enrollment or new registration accompanied by favourable opinion from the Commission for the efficiency of executions. g) [previous subparagraph (f))]. h) report to Commission for the efficiency of Executions a statement specifying the date on which you want to initiate the enforcement agent activity, aiming at compliance with article 119-b. 2-[Repealed]. 3-[Repealed]. 53 article 118 run agent stage 1-the duration of the stage of enforcement agent is 18 months. 2-stage begins once a year, in accordance with the provisions of the Statute and a regulation of training approved by the General Council. 3-the first training period lasts for six months and includes attendance at a training course for solicitors or lawyers who are or might be in a position to sign up or register as an agent. 4-course set out in the preceding paragraph is organized in terms of regulation and final exams for approval before an interdisciplinary jury. 5-the second training period lasts for 12 months and under the direction of a patron, is intended to familiarize the enforcement agent trainee with the effective exercise of the previously acquired knowledge and the duties of enforcement agent. 6-can only accept stage direction, as patron, the enforcement agent with at least three years of effective exercise of profession, discipline without punishment than a fine. 7-the appointment of patron shall apply, mutatis mutandis, the provisions of paragraphs 3 to 6 of article 97-8 During the second training period and under the guidance of the patron, the enforcement agent intern may perform all acts of executive nature in executions of lower value to the jurisdiction of the courts of first instance. 9-the scheme for the evaluation of enforcement agent trainees is the subject of the regulation referred to in paragraph 2, with the completion of the stage, with recovery, dependent on the delivery of a report, good information provided by the patron and professional interview.

54 Article 119 and definitive registration and Registration duty 1-Verified compliance with the inscription or registration requirements, a copy of the enforcement agent trainee is referred to the General Council. 2-the enforcement agent can only start after the solemn oath-taking in which, before the Presidents of the Court of appeal, the President of the regional Chamber of legal advisers and the President of the District Council of the Bar Association, is committed to fulfill the duties of enforcement agent in accordance with the law and these bylaws.

Article 120 [...]

1-is incompatible with the duties of enforcement agent: a) the Office of the court order in execution; b) the performance of duties of enforcement agent on behalf of the employer, within the framework of an employment contract; c) [...]. 2-the incompatibilities that is subject to the enforcement agent extend to its members and the enforcement agents with the same professional domicile. 3-Are still applicable in the General incompatibilities enforcement agents inherent in the profession of solicitor and lawyer.

Article 121 Impediments and suspicions of the enforcement agent 1-applies to the enforcement agent, with any necessary adaptations, the regime established in the code of Civil procedure regarding impediments and suspicions of officials of the Secretariat. 55 2-are impediments to the enforcement agent:) [...]; b) [...]. 3-The impediments to that subject the enforcement agent extend to its members and to lawyers or solicitors with the same professional domicile. 4-Are still in the alternative applicable to enforcement agents the general impediments inherent to the profession of solicitor and lawyer.

Article 122 [...]

1-The enforcement agents may apply to the Commission for the efficiency of executions, in exceptional and duly justified cases, the suspension from accepting new processes. 2-If the claim referred to in the preceding paragraph are accepted, it is immediately mentioned in the list referred to in article 119-B. 3-the enforcement agent that there is no accepted the designation for the part can only ask excuse from performance of their duties: the) When is a member of national, regional or organ of the specialty colleges of the Chamber of bailiffs; b) When is a member of national or district organ of the Bar Association; c) when it is member of the Board of Directors of Provident Fund of solicitors and barristers; d) [previous subparagraph (b))]. 4-invocation of the impediment and excuse are made electronically, within two days on the knowledge of the respective fact before the Commission for the efficiency of Executions, the clerk of the Court and shall be enjoyed within 10 days. 5-If the reason is not considered justified, the enforcement agent must continue to perform his duties, on pain of disciplinary proceedings be instituted. Article 123 56 duties of enforcement agent


In addition to the duties to which they are subject to be registered as solicitor or counsel, and without prejudice to the provisions of the following articles, are duties of enforcement agent: a) Practice diligently procedural steps that will be tasked with scrupulous observance of legal or judicially established time limits and duties incumbent upon himself to ethics; b) Submit the decision of judge acts depend on order or judicial authorization and stick them in precise terms laid down; c) Provide to the parties the clarification as requested on the progress of efforts to be responsible; d) Pay into court the clarification as requested on the progress of efforts to be responsible; and) accountable of activity, delivering promptly amounts, objects or documents that it is because of your holder acting as agent; f) File and save over 10 years all documents relating to executions or other actions taken by you in the scope of your function in terms of regulation to be adopted by the General Council; g) Have organised accounting according to the model to be adopted by the General Council; h) do not exert or allow the exercise of forensic activities in your Office; I) Present the ballot or professional card in the course of your business; j) Using the means of identification and signature recognized and regulated by the Board, in particular electronic signature; l) Use electronic media in relations with other public and private entities, in particular with the Court; m) Have an email address under regulated by the Chamber; n) Hire and maintain professional liability insurance 57 amount of not less than € 100,000; the) Register electronically, with the Chamber of bailiffs, your stock of goods seized under order of the Member of Government responsible for the area of Justice.

Article 124 Accounts-customers of the enforcement agent 1-The enforcement agents are subject to the provisions on client account provided for in this Statute, plus the specifics given in the following paragraphs. 2-the enforcement agent shall take into account credit institution to your order, with mention of the condition of conta-clientes of enforcement agent. 3-all amounts received of executions, not intended for payment of rates paid, must be deposited in an account-customers of enforcement agent. 4-conta-clientes registration of enforcement agent observes rules and procedures laid down in regulation approved by the General Council, which can determine a model in computer-readable form and be submitted periodic reports. 5-interest credited by credit institutions resulting from amounts deposited in conta-clientes of enforcement agent are delivered in proportion to persons other than those entitled. 6-documentary and computer holders of accounts-customers must be provided by the credit institution and by enforcement agents, to the Audit Board provided for in this section as well as the instructor of disciplinary proceedings. 7-the enforcement agent shall keep accounts-customers for services that do not derive from that your quality.

58 article 125 [...]

1 - [...]. 2-in the case referred to in the preceding paragraph, if the irregularity is not corrected or remedied in 48 hours from the date on which the enforcement agent is considered notified, the Commission for the efficiency of Execution determines the protective measures which it considers necessary, and may order your preventive suspension, designating another enforcement agent to take over the responsibility of executions taking place and the management of respective accounts-customers. 3-the notification referred to in the preceding paragraph shall be made in person or by post, posted under registration for the professional domicile of the enforcement agent.

Article 126 [...]

1-the enforcement agent is obliged to apply, the remuneration of its services, the rates approved by order of the Member of Government responsible for the area of Justice, after hearing the Board, and subject to review every three years. 2-The rates provided for in the previous paragraph correspond to maximum values and can understand a fixed part, established for each type of activity and dependent on the value of the claim, and a variable part, dependent upon the consummation of the effect or the desired results with the performance of the enforcement agent. 3-the enforcement agent shall post in your Office the applicable tariffs in the executions and, where requested, provide to interested parties an estimate of costs.

59 article 127 [...]

1-compensation box revenues consist of a percentage share of amounts received for actions under tariffs of the enforcement agent. 2 - […]. 3-the balance of the box is used in the training of enforcement agents or candidates for this specialty and pay services of monitoring. 4 - […]. 5-compensation box is managed by a Committee headed by the President of the Chamber of bailiffs and composed of a representative of the same and by a representative of the Bar Association.

Article 128 [...]

1-the enforcement agent may delegate another enforcement agent the competence to practice all or certain acts in an implementation, communicating promptly that the part that designated. 2-the delegation of competence to practice all acts in a creditor's consent lacks execution, which may indicate the execution agent you want to see delegated the competence. 3-If the delegation is only for certain acts in execution, the delegating enforcement agent remains responsible under outreach. 4-becomes holder of executing the enforcement agent to accept the delegation of competence to practice all acts in this execution, ceasing the delegating responsibility when carrying the delegation of competence. 5-the delegation provided for in this article still applies the rules of Delegation of executions, adopted by the General Council of the Chamber of bailiffs. 60 Article 129 implementing agent replacement


1-in the case of death or permanent incapacity of the enforcement agent, as well as if this require the cessation of specific functions, is suspended for more than 10 days or expelled, the operator designates another process in accordance with law. 2-The substitute enforcement agent must be delivered: a) the pending execution; b) records and media accounts, the accounts-customers of the enforcement agent and executions c) The movable property that replaced it was faithful depositary agent. 3-Are automatically transferred to the substitute enforcement agent, upon presentation of a certificate issued by the Commission for the efficiency of Executions: a) the balance of the accounts-customers of enforcement agent; b) the quality of faithful depositary on pending executions. 4-the substitute enforcement agent shall present to the Commission for the efficiency of Execution a report on the situation of the executions, with their hits. 5-the Commission for the efficiency of Executions introduces disciplinary proceedings where the report referred to in the preceding paragraph, implying the existence of irregularities. 6-[Repealed].

Article 131 [...]

1-The enforcement agents are audited at least every two years, by a Committee composed of a maximum of three execution agents, appointed by the Commission for the efficiency of executions, who present a report within 15 days after the end of the inspection. 61 2-[...]. 3-the Commission for the efficiency of Executions can determine new inspection by another Commission, where it considers it necessary. 4-the functioning of the Commission is the subject of a Council regulation.

Article 142 [...]

1 - […]. 2 - […]. 3-the fines referred to in subparagraph (d)) of article 1 applied to enforcement agents constitute compensation box recipe.

Article 165 [...]

1 - […]. 2 - […]. 3 - […]. 4-in the case of enforcement agents, the decision of preventive suspension may be renewed by the competent organs to the final decision of the case, since limited its effects to the activity of enforcement agent.»

Article 3 Amendment to the Statute of the Chamber of bailiffs Are added to articles 49-, 49-B, 119-, 119-B and 131-the Statute of the Chamber of bailiffs, to read as follows: «article 49-62 the composition the Commission for the efficiency of Executions is composed by: a) A voting member appointed by the Assembly of the Republic; b) A voting member appointed by the Superior Council of the Magistracy; c) A member appointed by the vowel of the Government responsible for the area of Justice; d) one member appointed by the vowel of the Government responsible for the area of finance; and) A member appointed by the vowel of the Government responsible for the area of social security; f) A vowel that is designated by the President of the Chamber of bailiffs; g) one voting member appointed by the Chairman of the bar; h) one voting member appointed by representative associations of consumers or users of services; I) two members nominated by the social partners; j) A vowel too by majority decision of vowels referred to in paragraph 1(a) above, presiding.

Article 49-B 1-Jurisdiction the Commission for the efficiency of Executions: the) issue recommendations on the training of enforcement agents and on the effectiveness of executions; b) set the number of candidates admitted annually in each stage of enforcement agent; c) educate and adjudicate disciplinary procedures of enforcement agents; (d) conduct inspections and audits) to enforcement agents; and) Decide questions relating to the impediments, suspicion or tell customers of the enforcement agent; f) approving the reports and issue certificates concerning the replacement of enforcement agents. 63 2-the Commission for the efficiency of Executions may delegate the powers referred to in (c)) and (d)) of the preceding paragraph, in the following terms: a) for enforcement agents that are also solicitors, in section ethical of regional Chamber of bailiffs with competence in the area of professional domicile of the respective enforcement agent; b) for enforcement agents who are also lawyers, in the District Council of Deontology with competence in the area of the professional domicile of the respective enforcement agent. 3-the delegation of powers provided for in the preceding paragraph applies the code of administrative procedure.

Article 119-1 enforcement agents society-officers may set up or participate in companies with the sole object of the exercise of specific powers of enforcement agent. 2-While it is not the subject of degree, the Constitution itself of companies of enforcement agents shall apply, with any necessary adaptations, the provisions for solicitors firms. 3-it is the General Council to regulate the registration of enforcement agents.

Article 119-B list of enforcement agents 1-the General Council publishes the list of enforcement agents entered, by region, and update it annually, indicating in particular the enforcement agents and its members and agents of execution suspended. 2-the list of enforcement agents must be permanently updated electronic public 64. 3-the enforcement agent unable to perform their duties is excluded from the list. 4-the Commission for the efficiency of executions, by itself or through the organs referred to in paragraph 2 of article 49-B, must send to each court and the relevant public services, by electronic means, the lists of enforcement agents with offices in the judicial district and report to the same entities registration of new solicitors, as well as the suspension and cancellation of registration.

Article 131-the Disciplinary Offences of the enforcement agent


1-run Agent applies, mutatis mutandis, the rules to which are subject the Solicitors, with regard to disciplinary action, in particular the duties and disciplinary responsibility. 2-Constitute disciplinary offence yet the enforcement agent: a) refusal, without basis, the performance of his duties; b) not keep during the period stipulated in subparagraph (f)) of article 123 all documents relating to executions or other acts performed by themselves; c) impede or obstruct in any way the supervision; d) don't deliver promptly any amounts, objects or documents that is, as a result of your holder acting as agent; and Not have organised accounting) or keep customers accounts according to the model and rules approved by the Board; f) doing your own quality of enforcement agent without has been designated, exceeds the scope of your competence or use or illegal files or disproportionate means in carrying out their duties; g) intentionally Harm the judgment creditor or the run; h) do not pay on time the information or clarifications which are requests by the parties or ordered by the Court or 65 does not comply with or perform the judge's decisions; I) deliver to the client, the Chamber, or the State the amounts these due arising from your intervention in the plays; j) Hire or retain employees or employees without fulfilling the specific regulation approved by the General Assembly. 3-the penalty referred to in point (c)) of paragraph 1 of rule 142 matches the disciplinary penalty of exclusion from the list of enforcement agents, definitively or for a specified period, which is applied cumulatively with any of the penalties referred to in points (a) to (d)) h) of that paragraph. '

Article 4 Amendment of the structure of the Statute of the Chamber of bailiffs 1-section VIII, chapter II, of the Statute of the Chamber of bailiffs, called ' the effectiveness of Plays '. 2-the previous sections VIII, IX, X, XI, XII and XIII, chapter II, of the Statute of the Chamber of bailiffs, are renumbered, respectively, sections XI, X, XI, XII, XIII and XIV. 3-Chapter VIII of the Statute of the Chamber of bailiffs happens to call themselves ' Run Agent ', which starts with article 116 and ends with article 131-a. 4-section 1 of Chapter VIII of the Statute of the Chamber of bailiffs happens to call themselves ' Office, registration, registration and enforcement agent society», beginning with article 116 and ends with article 119-b. 5-is added to section III of Chapter VIII of the staff regulations the Chamber of bailiffs, named ' Disciplinary Offences ', composed by article 131-a.

Chapter III Statute of the 66 article 5 Amendment to the status of the article 80 of the staff regulations of the Bar Association, approved by the law No. 15/2005 of 26 January, is replaced by the following:% quot% article 80 [...]

1 - […]. 2 - […]. 3-the provisions of paragraph 1 shall not apply in the case of registration in the Chamber of bailiffs as enforcement agent.»

Chapter IV computer record of executions article 6 amendment to Decree-Law No. 201/2003, of September 10 articles 1 to 11 and 13 of Decree-Law No. 201/2003, of 10 September, as amended by Decree-Law No. 53/2004, 18 March, and by law No. 60-A/2005, of 30 December, shall be replaced by the following : ' article 1 [...]

1-the computer record of executions contains the list of civil, labour processes plays and special processes of insolvency and business recovery. 2 - [...]. 3 - [...].

67 article 2 [...]

1-the computer record of executions contains the list of pending executions and, for each one of them, the following information: a) identification of implementation; b) identification of the enforcement agent, through name, domicile, professional and occupational tax identification certificate, or bailiff, through mechanical name and number; c) [...]; d) [...]; e) [...]; f) [...]; g) [...]. 2 - [...]: a) [...]; b) [...]; c) the extinction of execution because they have not been found goods attachable, pursuant to paragraph 3 of article 832.º and paragraph 9 of article 833.º of the code of Civil procedure. 3 - [...]. 4-the data referred to in paragraph 1 shall be accompanied by the identification of the process and the information referred to in point (c)) of paragraph 1. 5-there is no indication of the tax identification number of the data subject or, Alternatively, civil identification number, passport or driving licence, should the enforcement agent to promote the steps necessary for the obtaining of these elements, in particular by consulting the databases, files and other records, in accordance with article 833.º of the code of Civil procedure. 6-[Repealed]. 7-[Repealed].

68 article 3 [...]

The enforcement agent is part of the computer record after prior consultation pursuant to article 832.º of the code of Civil procedure.

Article 4 [...]

1-the data in the computer record of executions are entered and updated by the enforcement agent from the elements available. 2-the information given in paragraphs 1 and 2 of article 2 are introduced within two business days after your achievement.

Article 5 [...]

1-updating or rectification of data recorded in the computer record of executions may be requested by the holder, at any time, with the clerk of the Court materially competent. 2-the implementation by provenance of the opposition to the execution or any other fact, with the exception of those referred to in paragraph 1 (b)) and c) of paragraph 2 of article 2, stipulates the obligation of registration of disposal running. 3-register after execution with full payment is also deleted automatically, once determined or verified the execution. 4-the mention of execution over with partial payment or of running extinct under subparagraphs (a) (b)) and c) of paragraph 2 of article 2, may be deleted at the request of the debtor as soon as this proves compliance with the obligation 69 article 6 [...]


1 - [...]: a) [...]; (b)) per person able to exercise the judicial mandate or enforcement agent; c) [Repealed]; d) [...]; e) [...]. 2-for the purposes of point (e)) of the preceding paragraph, interest can be deemed to exist when the computer record query executions intended for obtaining certificate to demonstrate the nature of bad credits resulting from breach of contract. 3-[previous paragraph 2] article 7 competent to grant the query 1-query request is directed at any civil court. 2-[Repealed].

Article 8 [...]

1 - [...]. 2 - [...]. 3 - [...]. 4 - [...]. 5-by passing the certificate, is due to the amount of a room of unit of account, which reverses, in your entirety, for the Institute of financial management and infrastructure of the Justice, i. p. 6-[Repealed]. 7 - […]. 70 8-[Repealed].

Article 9 Appointment by direct access 1-The judicial magistrates and the public prosecutor, the people able to exercise the judicial mandate and enforcement agents have direct access to the computer record. 2 - [...].

Article 10 [...]

1-query request by the data subject or by anyone who has permission from the holder of the data is directed to the registry of the competent court. 2 - [...]. 3 - [...]. 4 - [...]. 5-[Repealed]. 6 - […]. 7 - […]. 8-the passage of the certificate must be rejected if the applicant does not have legitimacy or does not comply with the provisions of paragraphs 2 to 4, the application returned with reasoned decision of the Court.

Article 11 [...]

1-in the cases referred to in point (e)) of paragraph 1 of article 6, in which there is no authorization of the holder of the data, the application for permission to query the computer record of executions is directed to the judge of the competent court, in approved pursuant to paragraph 2 of the preceding article. 71 2-[...]. 3 - [...]. 4 - [...]. 5 - [...]. 6 - [...]. 7 - [...].

Article 13 [...]

Without prejudice to the provisions of article 5 concerning the Elimination of certain data, the data in the computer record of executions are kept on record until 10 years after the extinction of execution. '

Article 7 Amendment to Decree-Law No. 201/2003, of September 10 Are added to articles 16A, 16-B and 16-C to Decree-Law No. 201/2003, of 10 September, as amended by Decree-Law No. 53/2004, 18 March, and by law No. 60-A/2005, of 30 December, to be replaced by the following: ' article 16-the Subject and purpose of public executions-1 list the list of extinct runs with partial or no payment attachable assets have been found, provided for in paragraph 1 (b)) and c) of paragraph 2 of article 2, includes public access website, in accordance with the regular order of the Member of Government responsible for the area of Justice. 2-the run is informed of the inclusion of your name in the list of public executions under the Ordinance referred to in the preceding paragraph which specifies the notification mode to run as well as a term in 72 that it in order to avoid the inclusion of your name in the list of public executions, may: a) promote compliance with the obligation, or; b) join a debt payment plan in accordance with paragraph 2 of the next article. 3-public list of executions has the following purposes: a) Check effectiveness to the attachment and liquidation of assets; b) Prevent any jurisdictional conflicts resulting from the failure to comply with contractual and; c) Promote compliance with the obligations on time.

Article 16-B Update and rectification of records in the public list of plays 1-the list identifies, for each run: a) the name of the run; (b)) the tax identification number or, Alternatively, the civil identification numbers, passport or driving license; c) value in debt; d) the fact that the extinction of the execution. 2-updating or rectification of data entered on the list of executions can be carried out ex officio by the enforcement agent or required by the holder in accordance with article 5, as well as electronically on the website where the record. 3-the Secretariat decides within one business day, if not suspending the deadline during the holiday period. 4-If the decision referred to in paragraph 1 is not adopted within the period laid down, the data of the applicant, identified on the list are automatically and electronically, it removed until there is a decision. 5-the absence of a decision within the time limit laid down in paragraph 4 shall be notified to the Supreme Judicial Council and the Council of officers of Justice, by electronic means, in accordance with the regular order of the Member of Government responsible for the area of Justice. 6-The Secretary's decision fits the judge dispute. 73 7-The decisions provided for in the preceding paragraphs are, also, and whenever possible, notified by electronic means, under order of the Member of Government responsible for the area of Justice. 8-Happening place to rectify, the data subject shall have the right, upon request, that the incorrect data contained in the list of extinct executions be replaced by recognition, expressed and with equal emphasis, to have been inaccurate. 9-the fulfillment of the obligation by the debtor determines the exclusion list, applying the provisions of paragraph 3 of article 5-10 public executions to the list applies, with any necessary adaptations, the provisions of article 14 and under (a)), b) and e) of paragraph 1 and in paragraph 2 of article 15 article 16-C Removal and suspension of public executions list records 1-all listed public records of executions for processes executives ended more than five years are automatically removed. 2-the records regarding executions against run multi or sobreendividados to join and meet a debt payment plan prepared by entities recognised by the Ministry of Justice, which provide support to multi or over-indebtedness, may be suspended during the fulfillment of the plan, in accordance with the set by order of the Member of Government responsible for the area of Justice.»

Chapter V institutionalised Arbitration under the executive action 74 article 8 institutionalised Arbitration in accordance with the law, can be permitted creating voluntary arbitration centres responsible for the settlement of disputes arising from the implementation process and to carry out the execution steps provided for in the law.

Article 9 special


1-the submission for arbitration centres referred to in the preceding article depends on the conclusion of an arbitration agreement in accordance with the requirements laid down in the legislation that regulates the voluntary arbitration. 2-Notwithstanding the preceding paragraph, in the case of concluding an arbitration clause, either party may revoke the arbitration agreement within 10 days after the formation of the instrument.

Article 10 responsibilities of the referees and judges of the Arbitration Center 1-in the process of implementation submitted to the Arbitration Centre, the acts of the process of implementation of the competence of the judge, namely the opposition to the execution, opposition to attachment, verification and graduation of credits and their complaints and appeals, as well as the decision of the complaints of acts within the jurisdiction of the enforcement agents are within the competence of the judges referees. 2-in the process of implementation submitted to the Arbitration Centre, the acts of the process of implementation of the enforcement agent may be the competence of the Arbitration Centre itself or of enforcement agents.

Article 11 appeal and cancellation of Arbitral award the resources and actions for annulment of arbitration awards instituted in relation to decisions of judges referees to check and graduem credits or who decide to 75 enforcement oppositions or attachment does not have suspensive effect, except where there is security, equal to credit run and of costs and predictable costs by the applicant or the applicant for cancellation.

Article 12 forced entry at home 1-authorization for forced entry in the domicile of natural persons and at the offices of legal persons, the judge is required to turn to one of the county courts of the judicial district of the domicile of the run. 2-the decision must be rendered within one business day.

Article 13 Monitoring the activity of the arbitration centres is overseen by a Committee set up for this purpose, chaired by a judge, Adviser in accordance with the set by order of the Minister responsible for the area of Justice.

Article 14 supporting the resolution of situations of multi or over-indebtedness arbitration centers created under article 8 shall ensure an effective support systems link to multi or over-indebtedness recognized by the Ministry of Justice, in accordance with the set by order of the Member of Government responsible for the area of Justice.

CHAPTER VI transitional and final provisions article 15 1 Transitional Standard 76-the natural persons who take executive actions for the recovery of claims resulting from your professional activity not may, as an alternative to the designation of enforcement agent, require the choice of judicial officer to perform duties of enforcement agent in accordance with the rules of distribution. 2-the option referred to in the preceding paragraph shall be subject to an evaluation and a necessary revision after two years of validity.

Article 16 shall be repealed: the set Standard) (A)) of paragraph 2 of article 806.º, paragraphs 2, 3, 4 and 6 of article 810.º, article 811.º-A, paragraphs 6 and 7 of article 838.º, paragraph 2 of article 847.º, (c)) and d) of paragraph 3 of article 864.º, paragraphs 3 and 4 of article 890.º and article) Article 922 is void-B of the code of Civil procedure; b) (c)) and i) article 63, paragraphs 3 and 4 of article 76, paragraph 3 of article 99, paragraph (a)) of paragraph 1 and paragraphs 2 and 3 of article 117, paragraph 6 of article 129 and 130 and 134 articles of the Statute of the Chamber of bailiffs; c) paragraphs 6 and 7 of article 2, subparagraph (c)) of paragraph 1 of article 6, paragraph 2 of article 7, paragraphs 6 and 8 of article 8 and paragraph 5 of article 10 of Decree-Law No. 201/2003, of 10 September.

Article 17 entry into force this law shall enter into force 180 days after your publication.