Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244497a4e5331594c6d527659773d3d&fich=ppl235-X.doc&Inline=false
PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 235/X explanatory memorandum In 2005 was adopted the first action plan for the Decongestion of Court (PADT), which consisted of various measures to restore the responsiveness of the courts, through the Elimination of chronic growth of pending procedure that occurred and to ensure that the available space in the judicial system is more liberated to resolve staffing conflicts that affect people and companies. The PADT I was running in 2005 and 2006 through various legislative initiatives. So, in 2006, for the first time in more than 10 years, eliminated the chronic growth of pending procedure which was at about 100,000 cases a year, most processes have been completed that input processes and, consequently, there was an effective reduction of the pending procedure. In continuation of this effort of decongestion of the courts, the XVII constitutional Government approved by resolution of the Council of Ministers No. 172/2007 of 6 November, a second action plan for the Decongestion of Court (PADT II). This second plan contains a new set of measures, with the same purposes that the PADT i. This new set of measures, in conjunction with the PADT I, has already produced evident results and measurable. So, for the first time in more than 15 years, there have been two consecutive years of judicial backlog reduction and an increase in the pace of reducing that backlog if there were verified in 2006, 0.4% to 1.4%. In fact, for the first time, there was also, for two consecutive years, the Elimination of chronic growth of 100,000 cases per year seen in previous years.
In implementing the provisions of Council resolution that approved the PADT II and noting that the inventory process is overly lengthy, this decree-law comes to consecrate that its conduct is PRESIDENCY of the COUNCIL of MINISTERS ensured by 2 protective measures and by notaries, through the respective professionals. The solution adopted is without prejudice to the judicial review, whenever necessary. On the one hand, it is always assured the parties access to the Court, in the event of conflict or disagreement, on the other hand, the possibility of the judge, at any time, be able to take the decision of questions to understand the duty to decide. Finally, the final decision of the inventory will always be approved by the judge. This Bill also aims to encourage the use of mediation as a means that enables the resolution of disputes by agreement between the parties, transposing the Directive 2008/52/EC of the European Parliament and of the Council of 31 May 2008. So, firstly, that the intervention of a mediator may permit suspend the limitation and prescription periods that are in progress, which makes unnecessary the submission of an action solely to prevent the revocation or limitation of their rights, when there is still the possibility of resolving the conflict by agreement. Secondly, allows that, at any time of an action, the process may be referred to mediation by the initiative of the judge or of the parties. Finally, thirdly, introduces the possibility for the parties to choose to undergo court approval the agreement reached in mediation, if the understand advantageous. Enjoy the present law to provide that, in respect of names and denominations, there may be voluntary arbitration for trial of the issues liable to judicial review. Arbitration as a means of alternative dispute resolution matter so as to cover conflicts in an area particularly important for citizens and businesses. Were heard the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the Public Ministry, the Bar Association, the Chamber of notaries and the National Commission for Data Protection. Been heard, on an optional basis, the Association of bailiffs, the Portuguese Industrial Association, the Trade Union Association of Portuguese Judges, Trade Union Association and notary fees, the Union of workers of the PRESIDENCY of the COUNCIL of MINISTERS 3 registers and notaries and the General Union of workers. The necessary steps were promoted to hearing the Chamber of bailiffs and the Council of officers of Justice. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I Legal Regime of the inventory Process section I General provisions article 1 1-Inventory functions the inventory process is intended to put an end to the hereditary or communion, not requiring the sharing of heritage , to list the goods that are the subject of succession and to serve as a basis for the possible liquidation of the estate. 2-it is by sharing inventory: a) When there is no agreement of all interested in sharing; b) When the Prosecutor understands that the interest of unable to whom the inheritance is accepted implies acceptance beneficiary; c) where some of the heirs cannot, by reason of absence partly uncertain or de facto permanent incapacity to intervene in registry or notarial sharing. 3-to the inventory for the purposes specified in the second part of paragraph 1 shall apply the present legal regime, mutatis mutandis. 4-the inventory can still be consequent the extinction of sharing communion of property between spouses, in accordance with article 71 article 2 PRESIDENCY of the COUNCIL of MINISTERS 4 Stages and advertising 1-inventory the inventory process consists of the following phases: a) presentation of the application for the inventory; b) stakeholder Conference and eventual presentation of bids; c) sharing decision. 2-phases provided for in paragraph 1 (b)) and c) of the preceding paragraph are held on the same day, unless such is absolutely impossible. 3-during the process of inventory, should be published in Internet Web site, regulated by order of the Member of Government responsible for the area of Justice, the following acts: the inventory requirement); b) Citations; (c)) date of markup Conference of stakeholders; d) sharing decision; and Any other acts that) consider relevant for the purposes of the inventory process. 4-access to the Web site referred to in the preceding paragraph is conditioned to interested parties through an access code pursuant to the Ordinance referred to in the preceding paragraph. Article 3 Competence 1-records services to be designated by order of the President of the Office and notary fees, i. p. (IRN, I. P.) and the notaries carry out démarches of the inventory process, having the judge the General control of the process. 2-interested parties may choose any registry designated pursuant to paragraph 1 or any notary office to present the inventory process. 3-Notwithstanding the provisions of article 4, are, among others, the competence of the PRESIDENCY of the COUNCIL of MINISTERS and the conservative 5 notary the following acts: a) the decision of the questions referred for a preliminary ruling, the incidents and complaints that occur in the course of the inventory; b) the decision to return the interested to the judge which holds the General control of the process; c) marking and the Presidency of the Conference of stakeholders; d) decision of suspension and dismissal; and sharing decision). Article 4 1 Process Control-the judge has control inventory process, and may, at any time, decide and practice acts to understand should be decided or practiced by the Court. 2-it is solely to the judge: the Utter homologatória of sentence); b) practice other acts which, under this law, are the responsibility of the judge. Article 5 entitled to apply for or intervene 1-Have legitimacy to claim and intervene in case of inventory: a) the interested parties on sharing; b) the Prosecutor, when the inheritance be accepted unable or absent in part uncertain or to the State. 2-When there is no forced heirs, the legatees and donors are allowed to intervene in all acts likely to influence the calculation or determination of legitimate and imply any reduction of their donations. 3-Heritage's creditors and legatees are allowed to intervene in matters relating to verification and satisfaction of their rights.
PRESIDENCY of the COUNCIL of MINISTERS 6 article 6 the conservative judicial intervention or the notary is obliged to refer the interested to the judge which holds the General control of the process in the following cases: a) verification of the questions referred for a preliminary ruling referred to in paragraph 1 of article 18; b) clearance of debt dispute, in accordance with paragraph 2 of article 31; c) verification of the insolvency estate, in accordance with article 43; d) following new shares, there has been no restitution by the interested of the movable property that has received, for the purposes of paragraph 4 of article 62
Article 7 Access to the process the judge and the public prosecutor's Office have access to the file through electronic means in order to exercise the powers assigned. Article 8 compulsory Constitution lawyer 1-lodging is required of lawyers in the inventory if they are raised or discussed issues of law. 2-in the event of an appeal of a judgment given in the process of inventory is required the establishment of lawyers. Article 9 representation of incapable and 1 absent-unable is represented by special curator when the legal representative to run with him to the heritage or her competing several unable represented by the same representative.
PRESIDENCY of the COUNCIL of MINISTERS 7 2-the missing partly uncertain, not instituted the curator, is also represented by special curator. 3-Ending inventory, goods awarded to out that lack of Directors are delivered to the curator appointed, that is, in relation to the goods supplied, the rights and duties of the interim curator, ceasing as soon as Administration accepted curatorship. 4-The Special Trustees referred to in paragraphs 1 and 2 shall be appointed ex officio by the conservative or notary.
Article 10 1-main Intervention at any time in the process is possible the presentation of primary spontaneous intervention or caused by any interested in sharing. 2-interested parties are notified to respond, followed by articles 27 and 28 3-presentation of the intervention suspends the process from the stakeholder conference. Article 11 participation of other interested 1-going on forced heirs, the legatees and donors that have not been initially quoted for inventory can present in the intervention process, applying, mutatis mutandis, the provisions of the previous article. 2-Heritage's creditors may claim on their rights, even if these have not been listed in the inventory application, until the Conference of interested. 3-the conservative or notary may, at any time of the inventory process, determine the participation of any interested that they deprecated.
PRESIDENCY of the COUNCIL of MINISTERS article 12 8 delivery of documents and notifications 1-submission of the application for sharing, the eventual opposition, as well as all subsequent acts shall take place, whenever possible, by electronic means.
2-notifications to interested parties, other stakeholders and between representatives are carried out in accordance with the provisions of the Code of Civil procedure and, whenever possible, by electronic means. Article 13 General 1 Term-in the absence of any special provision, the deadline for interested parties require any act or diligence, arguirem nullities, submit incidents or practice any other Act is 10 days. 2-the deadline for any responses include the notification of the Act to which it responds. Article 14 Sale and seizure of goods rests with the curator or notary to seizure of goods referred to in paragraphs 3 and 4 of article 23, as well as carry out the sale of the goods for the purposes of paragraph 5 of article 39 and paragraph 3 of article 58 article 15 1 inventory Clearance before completed the inventory died some interested in sharing , any other interested party may indicate the successors of the deceased, joining the documents deemed necessary and which cannot be obtained on their own initiative, PRESIDENCY of the COUNCIL of MINISTERS in accordance with article 9 22 2-The people listed are cited for inventory and other interested parties are notified of the nomination. 3-the legitimacy of the successors listed can be quoted, either contested or by other interested parties notified, in accordance with articles 27 and 28-4 in the absence of challenge, as empowered people indicated, without prejudice of the successors eventually deprecated submit to your own license. 5-the successors of interested deceased can still ask for their license, applying the preceding paragraphs. 6-If passed a legatee, creditor or grantee that has been cited for inventory, your heirs can admit in the process, followed by the terms laid down in the preceding paragraph. 7-enabling the transferee of hereditary and subadquirentes share of donated goods, subject to burden reduction, can be done by any of the legally permissible ways. Article 16 1-inventory Accumulation is allowed the accumulation of inventories for sharing diverse legacies when the following situations occur: the) identity of people should be allocated the goods; b) Inheritance left by the two spouses; c) one of the shares is dependent on the other or the other. 2-in the case referred to in point (c)) of the preceding paragraph, if the dependency is partial because there's other assets, the conservative or notary may refuse the cumulation when it appears inconvenient for the interests of the parties or for the expeditious processing of the inventory. Article 17 PRESIDENCY of the COUNCIL of MINISTERS 10 right of interested in sharing 1-the preference of interested in sharing on transfer of shares may be exercised in hereditary inventory process. 2-reporting to prefer more than one interested party, share the subject of divestment is awarded to all, in proportion to their shares. 3-the exercise of the right of preference shall suspend the proceedings from the Conference of interested. 4-the non-exercise of preference in the process don't preclude inventory entitled to take action preferably in general terms. 5-If the right of first refusal is exercised outside the inventory process, can be determined, ex officio or at the request of any of the parties involved in the sharing, the suspension of the inventory, in accordance with article 279 of the Civil Procedure Code, applicable mutatis mutandis to article 18 preliminary rulings and inventory 1 suspension, pending the inventory, if you raise questions for a preliminary ruling of which depend on the admissibility of the case or the definition of the rights of interested parties in sharing and that cannot be decided in the inventory for lack of documentary evidence, the Registrar or notary, as soon as the goods are related, determine the process to be suspended until there is a final decision and refer those interested to the judge which holds the General control of the process. 2-the suspension of inventory can also be determined when it is pending in court cause harmful in that debate some of the issues referred to in the preceding paragraph. 3-at the request of the interested parties on sharing, the conservative or notary may authorize the continuation of the temporary sharing for inventory, subject to subsequent amendment in accordance with what is decided, when the following situations occur: PRESIDENCY of the COUNCIL of MINISTERS 11 a) abnormal Delay filing or trial of the cause harmful or when the viability of this appears reduced; b) inconvenience in the deferral of shares exceeding the deriving from your accomplishment as tentative. 4-Held provisional sharing, shall apply the provisions of article 62, in respect of the delivery to the interested of the goods that they fit. 5-If one of the interested is unborn, the inventory is suspended from the Conference of interested until the birth of the person concerned. Article 19 Issues definitely resolved in the inventory shall be deemed to be definitively resolved the questions referred for a preliminary ruling that the inventory, are decided in the confrontation of all interested parties in sharing, since these have been regularly admitted to intervene in the process. Article 20 dismissal If the process is stopped for more than a month for negligence of interested in promoting their terms, the conservative or notary determine the respective archiving. SECTION II inventory Request and opposition from interested article 21 application for 1-inventory in the inventory application shall include: a) the ID of the author of the inheritance, the place of your last place of residence and the date and the place where they died; b) identification of the parties involved in sharing as well as the legatees, PRESIDENCY of the COUNCIL of MINISTERS
12 creditors of the estate and, having forced heirs, of the donors, with indication of their current residences or households; c) the list of goods that are part of the inheritance; d) identification of wills, prenuptial agreements and donations if required. and) other information which the applicant considers relevant for the development of the process. 2-the inventory application is approved by order of the President of IRN, i. p. 3-for the purposes of paragraph 1 of article 4, the inventory application is submitted by electronic means, to the Court. Article 22 Steps instruction 1-unofficial verification of death must be proven by electronic means, under the conditions laid down in Ordinance of the Member of Government responsible for the area of Justice. 2-the provisions of the preceding paragraph shall apply to the verification of the existence of perfilhação, when it has been declared as well as prenuptial agreements recorded in the civil registry. 3-the proof of wills, the prenuptial agreements drawn up by notary and title deeds of donation must be carried out by electronic means, if any, or by means of a certificate requested ex officio to the notary who has drawn such acts. Article 23 Relationship 1 goods-goods that are part of the heritage are related through funds, subject to one numbering, indicating the real estate, immovable property, rights, and its value. 2-The debts are linked separately with other numbering.
PRESIDENCY of the COUNCIL of MINISTERS 13 3-proof of registry situation of property subject to registration is done automatically by electronic means, under the conditions laid down in Ordinance of the Member of Government responsible for the area of Justice. 4-there is no inconvenience for sharing, can be grouped in the same amount, the furniture, though of a different nature, since for a unit and end of small value. 5-the improvements pertaining to inheritance are described in species, when they can detach themselves from the building in which they were made, or how simple credit, otherwise and the improvements made by third parties in building of inheritance are described as debts, when cannot be raised by those who performed. 6-the conservative or notary shall of its own motion and pursuant to the Ordinance referred to in paragraph 3 to locate in databases registral goods forming part of the inheritance. Article 24 list of goods which are not in the possession of the applicant 1 inventory-If the applicant declares that inventory is unable to relate some goods that are held by someone else, this is notified to, within 10 days, provide access to such goods and provide the necessary elements to be included in respect of goods.
2-If the notified claim that the goods do not exist or do not have to be related, the provisions of paragraph 3 of article 29 3 the notified does not comply with the duty of cooperation is, the conservative or notary shall carry out the necessary steps, including the seizure of assets by the time essential for your inclusion in respect of goods and should immediately give account to the judge of the seizure carried out for the purposes set out in paragraph 1 of article 4 4-For the purposes of the preceding paragraph, the Registrar or notary may request the collaboration of administrative or police authorities. Article 25 of the COUNCIL of MINISTERS PRESIDENCY 14 Quote from interested parties Are cited for inventory the parties on sharing, the Prosecutor, when the succession be accepted unable or absent in part uncertain or to the State, the legatees, the creditors of the estate and, having forced heirs, the donors. Article 26 form and content of 1 quotes-quotations are made by registered letter, apply the provisions of article 12 of the scheme approved by Decree-Law No. 269/98, of 1 September. 2-service by post shall be deemed made on the fifth day after the registration, or on the first business day following that, when it's not. 3-Thwarting the possibility of service in the manner provided for in paragraph 1, the service announcement, made by the publication of advertisement in Internet Web site for public access, regulated by order of the Member of Government responsible for the area of Justice. 4-in the quote, the citandos are warned of the scope of your intervention, in accordance with article 5, and the Faculty of objecting or challenge, in accordance with the following article. 5-Verified, at any time, the lack of citation of any interested, this is cited with the pain that if anything requires within 10 days, the process is considered accepted. 6-within the time limit referred to in the preceding paragraph, is the quoted admitted the exercise the rights which it competed. Article 27 opposition to inventory 1-the parties in sharing and the Public Ministry, when there's been cited, may, in 15 days following the quote: the) Present opposition to the inventory; b) challenge the legitimacy of interested cited, allege the existence of other elements in the application of the inventory;
PRESIDENCY of the COUNCIL of MINISTERS 15 c) Claim against the goods, indicating that goods must be related and its value, requiring the exclusion of goods improperly, not to related part of the split, or arguindo any inaccuracy in the description of the goods subject to the sharing. 2-When there is no forced heirs, the legatees and donors can present opposition on matters which may affect their rights. Article 28 subsequent Proceedings 1-stakeholders with legitimacy to intervene in issues raised in (a)) and b) of paragraph 1 of the preceding article are notified to respond in 10 days. 2-Made démarches necessary probative, required by interested or certain ex officio by conservative or notary, the matter is decided, without prejudice to article 18 article 29 Decision of disputes 1-When complaint is presented against the goods, the applicant is notified to inventory list the missing goods or respond within 10 days. 2-If the applicant of the existence of the assets inventory confess whose lack was nominated, proceeds immediately to the addition of the relationship of goods initially displayed, notifying the other parties and the public prosecutor, in cases in which the intervention process of modification. 3-not checking the situation provided for in the preceding paragraph, notify the remaining interested with legitimacy for expressing their views and the Public Ministry, in cases that have main intervention in the process, applying the provisions of paragraph 2 of the preceding article and deciding the conservative or notary public of the existence and relevance of your relationship, without prejudice to the provisions of the following article.
PRESIDENCY of the COUNCIL of MINISTERS 16 4-amendments and additions ordered are automatically introduced into the relationship of goods initially presented. 5-the provisions of this article shall apply, mutatis mutandis, when third if claims ownership of related assets and require the deletion of your inventory. Article 30 Withholding of goods the existence of tax evasion of goods, under the civil law, is assessed in conjunction with the claim of lack of related goods, and may apply, when proven, the civil penalties provided for in article 2096.º of the Civil Code.
Article 31 denial of active debts 1-If a claim, related by the applicant of the inventory, is denied by the alleged debtor, shall apply the provisions of subparagraph (c)) of paragraph 1 of article 27, with the necessary adaptations. 2-Being maintained the relationship of debt, the debt is considered contentious, refer the interested to the judge which holds the General control of the process. Article 32 evaluation of goods prior to the stakeholder conference to ensure an equal and equitable distribution of goods by various interested parties, the sums can be evaluated by arbitrator at the request of the parties concerned or on the initiative of the conservative or notary. SECTION III Conference of stakeholders and sharing SUBSECTION (I) stakeholder Conference article 33 PRESIDENCY of the COUNCIL of MINISTERS
17 interested Conference Marking and sharing 1-Resolved the issues raised which may influence the sharing and certain assets to share, the conservative or notary shall designate immediately day for interested Conference and sharing. 2-those interested in sharing are notified to appear or be represented by agent with special powers and may entrust the mandate to any other interested. 3-the Conference and sharing can be postponed, for determination of the conservative or notary or at the request of any interested party, for once, if you miss any of the invited and there are reasons to consider feasible agreement on the composition of shares. 4-for the purposes of article 4, the conservative or notary shall inform, by electronic means, the judge on the issues likely to influence the share who consider resolved and identify the goods to share, indicating the day appointed for the holding of the stakeholder conference and sharing. Article 34 acts committed at the Conference of interested stakeholder conference are committed the following acts, in the order indicated: the Composition of the parcels concerned); b) approval of the liabilities of the inheritance and the way of fulfilment of the legacies and burdens of inheritance, if any; c) Bids, if there are the same. Division I composition of shares, approval of liabilities and fulfilment of legacies and charges article 35 composition of shares of PRESIDENCY of the COUNCIL of MINISTERS 18 1-interested parties may agree, unanimously and with the agreement of the Prosecutor, when the main intervention in the process, that the composition of shares takes place via one of the following ways : a) designating the money to compose, in whole or in part, the share of each of them and the values by which should be awarded; b) Indicating the amounts or lots and their values, so that, in whole or in part, are subject to draw by stakeholders; c) waking up in selling all or part of the assets of the inheritance and distribution of the product the alienation by the various stakeholders. 2-in the absence of the agreement referred to in the preceding paragraph, the Conference shall decide on: a) the assignment of a value to the goods; b) Any questions whose resolution might influence the sharing. 3-for the purposes of point (a)) of the preceding paragraph: a) the value of the buildings included in the matrix is the matrix, proven value for database access of the competent authority or, if this is not possible, by unofficial request of documentary proof to the same entity; b) are referred to as illiquid assets: i) credit rights or of another nature, whose value is not yet possible to determine; II) The shares in companies whose dissolution is determined by the death of inventoried, since its liquidation shall not be completed, stating, however, the value that had the last swing. 4-the determination of the Parties present, relating to the matters referred to in paragraph 2, those who attend, not binding unless they have been properly notified. Article 36 recognition of debts approved by all PRESIDENCY of the COUNCIL of MINISTERS 19 1-debts that are approved by the interested higher and those responsible for the approval of smaller or similar recognized are considered, and the decision to order the sharing your payment. 2-When the law requires documentary evidence for the demonstration of your existence, cannot be adopted by debt of minors or assimilated without join or view the proof required. Article 37 debt Verification If all interested parties are opposed to the approval of the debt, the conservative or notary decide of your existence through the documentary evidence presented. Article 38 disagreements between stakeholders about approval of debts going on disagreements about the debt approval, applies the provisions of article 36 to share concerning interested that approve and as to the remainder, the provisions of the previous article. Article 39-payment of debts approved by all interested parties 1-due debts and approved by all concerned are paid immediately, if the lender demand payment. 2-there is no in inheritance money enough and not waking up the interested in another form of immediate payment, the sale of goods for that purpose, designating the conservative or the notary to be sold when there is no agreement about respect between the parties concerned. 3-If the lender wants to receive in payment the goods displayed for sale, are awarded by the agreed price. 4-the preceding paragraphs also applies to debts whose existence is verified by conservative or notary, pursuant to articles 37 and 38 of the COUNCIL of MINISTERS PRESIDENCY 20 5-for sale provided for in paragraph 2 shall apply the arrangements set out in articles 886.º and following of the code of Civil procedure, apply mutatis mutandis. Article 40 payment of debts approved by some of the persons concerned Being approved debts solely by some stakeholders, who is the adopted decision on form of payment, but not the decision binds the other interested parties. Article 41 Decision of the legatees or donors on the passive 1-To legatees competes deliberate on the liabilities and the form of your payment, when the entire inheritance is divided into legacies, or when the approval of debts resulting reduction of legacies. 2-donors are called upon to decide on the approval of the debt, where there is a serious likelihood of result the reduction of donations. Article 42 non-approved or unrecognized Debt if the debt that gives the reduction is not approved by all the heirs, and legatees or donations is not recognized by conservative or notary, cannot be taken into account in the process of inventory for this purpose. Article 43 insolvency of inheritance when the insolvency estate, interested parties are directed to the judge which holds the General control of the process, taking advantage, where possible, the documents already in inventory.
DIVISION II Bids PRESIDENCY of the COUNCIL of MINISTERS article 44 21 opening of bids 1-having been agreed at the Conference to interested and resolved the issues referred to in paragraph 2 of article 35, when they place, open bidding among stakeholders. 2-are excluded from bidding on the assets, by operation of law or business, may not be her subject, which should preferably be assigned to certain interested and those who have been the subject of a request for adjudication, in accordance with article 47-3 is allowed to give up the statement that if you intend to bid until bidding commences its funding. Article 45 claim against the value assigned to property 1-until the beginning of the bids, the parties concerned and the public prosecutor, when the intervention has inventory, can complain against the value assigned to any related goods indicating what value they consider appropriate. 2-the Conference of stakeholders shall act unanimously on the value must assign the goods to which the complaint refers. 3-the value is not changed if any of the parties declare that accepts the thing by the value declared in relation to assets listed in the inventory application or complaint, as this is based on the excess or insufficient constant value of the relationship, equivalent such statement to the bid. 4-in the case referred to in the preceding paragraph, if more than one interested accept opens soon bidding among them being the thing adjudicated to offer greater throw. 5-there is no unanimity in the assessment of claims deduced, not checking the possibility provided for in paragraph 3 or having been the assessment referred to in article 32, may require-if the evaluation of the assets whose value has been questioned, which is carried out in accordance with article 52 article 46 PRESIDENCY of the COUNCIL of MINISTERS bidding formalities 1-22 the bid consists of a forced sale that are only allowed the heirs and the spouse sharecropper , saved the special cases in which should be admitted to the donee or legatee. 2-Each amount is bid separately, unless all agree on formation of lots identified by letters to this effect or if there are some that cannot be separated without inconvenience. 3-Can the various interested parties, by agreement, bid the same amount or batch, to be awarded in shares. Article 47 applications for award of 1-goods if they are indivisible goods related that some of those involved is comproprietário, exceeding your quota half of its value and the founding right in your title to delete the inventory or no forced heirs, donation or legacy of the author of the inheritance, the person concerned may request that the related party is awarded. 2-can also any interested formulate request for adjudication in respect of any goods or fungible securities in proportion to your share, unless the Division into species can cause considerable damage.
3-requests of award referred to in the preceding paragraphs are presented at the Conference of parties and the other interested present are heard on the issues of indivisibility or the possible prejudice caused by the Division, and any of the parties concerned require the evaluation. Article 48 evaluation of donated goods in case of 1-inoficiosidade if any forced heirs and any interested State that intends to bid on the PRESIDENCY of the COUNCIL of MINISTERS 23 goods donated by inventoried, the opposition of the donee, whether or not Terminal, has as a consequence the required power rating of goods refer to the Declaration. 2 made the assessment and completed tenders in other goods, the statement is without effect if it comes to qualify that the donee is not obliged to restore some goods. 3-When it is recognised, however, that the donation is inoficiosa, the following rules are observed: a) If the Declaration on building capable of Division, is allowed to bid on the part that the grantee has to restore, not being admitted to her the grantee; b) If the Declaration relates indivisible thing, opens bidding on it between the forced heirs, in the case of the reduction exceeding half of your value, because if the reduction is equal to or less than half, is the grantee required to reset the excess; (c)) is not giving the case referred to in paragraph 1(a) above, the grantee may choose, among the donated goods, necessary for filling of your share in inheritance and donation charges and restores those who exceed your fair share, opening up bidding on the assets replaced, if this is required, not the grantee admitted the bid.
4-the opposition of the major must be declared in the very act of the Conference, if present, otherwise, the grantee must be notified before the bids, to express your opposition. 5-the evaluation can be applied to the decision of sharing. Article 49 evaluation of legacy assets in case of 1-inoficiosidade if any interested State that intends to bid on legacy assets, can the legatee oppose pursuant to paragraph 4 of the preceding article.
PRESIDENCY of the COUNCIL of MINISTERS 24 2-If the legatee opposes, there's no place the bid, but may the heirs apply for evaluation of legacy assets when your low evaluation can cause injury. 3-in the absence of opposition by Devisee, the goods entering the bidding, having the legatee is entitled to its value. 4-the deadline to apply for the evaluation shall apply the provisions of paragraph 5 of the preceding article. Article 50 Evaluation at the request of the donee or legatee 1-When the constant value of the goods resulting in the donation or legacy are inoficiosos, can the donee or legatee, regardless of the statements referred to in the previous articles, require assessment of goods donated or bequeathed or any others that still have not been. 2-you can also the grantee or legatee require the evaluation of other assets of the estate when in face of the valuation of donated goods or legacies and the bids it is recognised that the donation or legacy has to be reduced by inoficiosidade. 3-the evaluation referred to in this article may be required to the sharing decision.
Article 51 consequences of legacy inoficiosidade 1 the legacy is unofficial, the legatee replaces, in substance, the part that exceeds and can about that part be bidding, which is not admitted to the legatee. 2-Being the thing bequeathed indivisible, the following rules are observed: a) When the replacement should be made in cash, any of the parties may require assessment of the thing bequeathed; (b)) When the replacement can be made in substance, the legatee may apply for bidding on the legacy thing. 3-is applicable also to the legatee (c) below) of paragraph 3 of article 48 article 52 PRESIDENCY of the COUNCIL of MINISTERS 25 implementation of the evaluations The evaluations provided for in articles 32 and 48 to 51 are carried out by a single expert, appointed by conservative or notary. Article 53 the bidding 1-If the Prosecutors understand that a representative unable or did not defend properly on REM bidding, your rights and interests represented, requires that the Act be annulled in part. 2-in the case referred to in the preceding paragraph, the Registrar or notary determine the annulment of the bidding, sending repeat the Act and passing the representation of incapable to be assured by prosecutors. 3-the decision to annul the bidding shall be notified to the representative of the incapable or equated and her appeal to the competent court within 10 days of notification. 4-the appeals provided for in the preceding paragraph shall suspend the inventory process, in accordance with article 18 SUBSECTION II Sharing article 54 1-sharing decision Held the Conference of stakeholders, and the bids, if taking place, the decision of sharing is immediately given by conservative or notary. 2-establishes the legal regime of the sports federations and the conditions for the award of public utility status. 3-for the purposes of paragraph 1 of article 4, the conservative or notary shall notify the judge, by electronic means, the decision of the shares and any complaints. Article 55 of the COUNCIL of MINISTERS PRESIDENCY 26 1-sharing Rules in decision of sharing the following rules are observed: a) Firstly, clears up the importance total assets, adding to the values of each type of goods as the evaluations and bids made and by deducting the debts, legacies and charges which are to be slaughtered; b) then determines the amount of the share of each interested and the bit that fits into every species of property; c) Lastly, the filling of each quota with reference to the numbers of the resources of the description. 2-If the co-heirs fit pieces of money, must be mentioned.
Article 56 the hereditary shares 1-filling the pot the following rules are observed: a) The tendered goods are awarded to the highest bidder, such as donated goods or legacies are awarded to the donee or legatee; b) To no lecturers or no bidders are assigned, when possible, goods of the same kind and nature of donated and tendered; c) if it is not possible to observe the rule referred to in the preceding sub-paragraph, to no lecturers or no bidders are assigned other assets of the estate, but if they are of a different nature from that of the goods donated or offered, may require the composition in money, selling the assets necessary to get the due amounts, in accordance with paragraph 5 of article 39; d) subparagraphs (a) (b)) and (c)) shall apply for the benefit of the joint heirs legatees, not when some of the heirs have been awarded legacies; and other goods), if any, shall be distributed at random among those interested, for lots equal;
PRESIDENCY of the COUNCIL of MINISTERS 27 f) credits that are contentious or that are not sufficiently proven and the goods that do not have value are distributed proportionally by the interested parties. 2-where it is noted that the donated goods, legacies or tendered exceeds the quota of its interested or available from inventoried, the conservative or the notary reference to fact, indicating the amount of the excess. 3-if there are legacies or donations, the conservative inoficiosas or notary orders the notification to the parties concerned to apply to your reduction, and the legatee or grantee choose between the legacy assets or donated, the necessary to fill in the amount you are entitled to receive.
Article 57 of Options 1-the parties to whom fit make may require the composition of its shares or claim payment of same. 2-if any interested have bid on more money than necessary to fill your fair share, any of the parties to whom fit make is permissible request that the excess funds are awarded by or resulting value of bid, up to the limit of your fair share. 3-the bidder can choose among funds in that bid, as necessary to fill in the your fair share. 4-this Being the will of more than one interested and there is no agreement among them about the award, the conservative or notary decide, in order to achieve the greatest balance of lots, and can send conduct sweepstakes or authorize the award in proportion to indicate. Article 58 payment or guarantee of become 1-claimed the payment of the debtor, the applicant must make pay for PRESIDENCY of the COUNCIL of MINISTERS
28 immediately, ensure your payment or submit proposal for your payment. 2-Not being paid or guaranteed you make your payment, nor accepted the proposal for your payment, applicants may request that the funds are awarded to the debtor the choice and are necessary to fill their quotas, provided to ensure immediately the importance of become that, by virtue of the award, have to pay, and apply the provisions of paragraph 4 of the preceding article. 3-Can the applicants also request that, once the decision has become final, sharing the sale of assets awarded to the debtor as far as is necessary for the payment of become, pursuant to paragraph 5 of article 39 article 59 does not claim the payment of ever not being claimed the payment you make, these lead the legal interest from the date on which the decision became final and sharing lenders can register mortgage cool about the assets the debtor or, if awarded such security is insufficient, require to be taken, as for the furniture, the provisions laid down in article 62 article 60 homologatória Sentence 1 sharing-the process is sent electronically to the judge within five days, utter homologatória sentence of sharing. 2-the decision of approval shall be reasoned and not propose the form of realization of new shares by conservative or notary. 3-sentence homologatória sharing appeal to the Court of appeal, the appeal within 30 days, in general terms, and not appeal of judgment of the Court of appeal to the Supreme Court of Justice, without prejudice to cases in which an appeal is always admissible. Article 61 29 COUNCIL PRESIDENCY supply of goods before the final transit of the sentence homologatória 1-if any of you want to receive the goods that you have fitted in sharing, before the final transit of homologatória sentence, it is observed the following: a) in the title to pass to the registration and ownership of immovable property declares that the decision is not yet final sharing and the transmission log mention this provisional character; (b)) The securities subject to endorsement are registered by the competent authority with the Declaration that the person concerned cannot dispose of them while sentencing homologatória not made absolute; c) any other goods are only delivered if the interested Act, which does not cover income, interest and dividends. 2-If the inventory proceed as for some goods, by recognizing that must be related, but there are remaining suspicions regarding the lack of goods to check, the lecturer is not receiving that you fit in shares without paying deposit to the value of those that don't will be entitled if the issue were to be decided against him. 3-registration and the endorsement referred to in paragraph 1 (a)) and (b) of paragraph 1) produce the same effect as the registration of shares and such an effect exists until it is rendered decision determine the extinction of that effect. Article 62 New 1-sharing of new shares to the effect of the decision of the appeal or of the cause, the couple head enters immediately in possession of goods that belong to the person concerned who received them. 2-the inventory is only retired at the strictly necessary for the decision to be enforced, subsisting always evaluation and description, even if there is complete replacement of heirs.
PRESIDENCY of the COUNCIL of MINISTERS 30 3-sentence that judge the new shares are sent cancel registrations or endorsements that must lapse.
4-If the person concerned does not return movable who received, enforcement is sought in general terms. SECTION IV amendment and annulment of shares article 63 Amendment by agreement the shares, even after the final transit of the sentence homologatória, can be amended in the same inventory by agreement of all interested parties or their representatives, if there has been error in fact in the description or qualification of the goods or any other error which may vitiate the will of the parties. Article 64 amendment of the shares in the absence of agreement 1-when you check any of the cases provided for in the previous article and those interested are not in agreement as to amendment, can this be claimed in judicial review of the decision of homologatória shares. 2-the appeal provided for in the preceding paragraph is filed within one year of knowledge of the error, since this is knowledge is later than the sentence homologatória sharing. Article 65 legal Annulment annulment confirmed by sharing final judgment can be ordered when there has been infringement or lack of any intervention of co-heirs and show that other interested parties proceeded with fraud or bad faith, be it with regard to the infringement, is about how the Division was ready.
PRESIDENCY of the COUNCIL of MINISTERS 31 article 66 Reopening judicial proceedings 1-inventory not verifying the requirements of the preceding article or preferring the heir deprecated that your fair share is made up in cash, the person concerned requires the convening of the Conference of stakeholders to determine the amount of your share. 2-where the parties do not reach agreement, the following rules are observed: a) in auto, consign the goods on whose value there is disagreement; b) Such goods are evaluated again, and may be requested on them second evaluation; c) then attach the importance to the heir is entitled. 3-is given new sharing decision for fixing the changes to the previous decision as a result of the payments required for the completion of the share of the deprecated. 4-Made the composition of share, the heir may require that borrowers be notified to pay, under penalty of being obliged to compose it in the part concerned, without prejudice, however, the disposals made. 5-if not required payment, shall apply the provisions of paragraph 4 of article 58 section V additional Shares article 67 1-surviving spouse's Inventory When the surviving spouse there is inventory running in City Hall or the registry in that inventory has the predefunto spouse's death, the terms required for the second shares are recorded in the first. 2-In the inventory that for surviving spouse's death are described and shared the goods in the inventory of the predefunto spouse omitted when omitting PRESIDENCY of the COUNCIL of MINISTERS will only 32 found on the occasion of that inventory. Article 68 additional Sharing When it is recognised, after sharing, there was omission of certain goods, in the same process the additional shares, with compliance with applicable, part of which is provided in the preceding articles. SECTION VI inventory Process in special cases article 69 as a result of Inventory justification of absence 1-acceptance of curating and delivery of the goods of the absent, the inventory follows the terms laid down in previous chapters, with intervention of the public prosecutor. 2-are cited for inventory and intervene in it the persons designated in article 100 of the Civil Code. 3-20 days following the summons Us, any of these can deduce about the opposition date of absence or the latest news in the process, indicating that it is considered accurate. 4-Who think he's entitled to the delivery of goods, regardless of sharing, may require your immediate delivery and decision order appoints the interested Trustees such property as definitive. 5-the decision to grant the inventory who are responsible for final goods curation that have not been delivered in accordance with the preceding paragraph. 6-When the conservative or notary require collateral to any definitive curator and this not to pay, is ordered in the same process the delivery of the goods to another curator. Article 70 new interested 1-sharing and deliveries can be changed in the process referred to in the previous article, at the request of heir or interested to show delete any of the duty PRESIDENCY of the COUNCIL of MINISTERS
33 Trustees appointed or run with them to the succession, prior to the date of the last news of the absent, and the Trustees notified to respond. 2-the evidence is offered with the request and the responses. 3-in the absence of a reply, is ordered the amendment, granting yourself the curatorship of harmony with her. 4-going on opposition, the issue is decided by conservative or notary. Article 71 Inventory as a result of separation, divorce, Declaration of nullity or annulment of marriage 1-Enacted the legal separation or divorce, or declared invalid or annulled the marriage, either spouse may apply for inventory for Division of property, unless the regime of marriage for the separation. 2-the inventory follows the terms prescribed in the present legal system, with the necessary adaptations. SECTION VII Challenge conservative decisions or notary article 72 Challenge of decisions to suspend or halt the process 1-the challenge of conservative decisions or notary to suspend or halt the process is presented to the judge which holds the General control of the process within 30 days of notification of the decision. 2-the challenge is accomplished by submitting the corresponding request in the register or in the notary office, being the challenge presented immediately posted to the judge through electronic means. 3-sentence appeal in general terms. 4-the preceding paragraphs shall apply to the decision to apply the penalty laid down in article 30 of COUNCIL of MINISTERS PRESIDENCY 34 5-judge appeal decision to the Court of appeal, the appeal within 30 days, in general terms, and not appeal of judgment of the Court of appeal to the Supreme Court of Justice without prejudice to cases in which an appeal is always admissible. Article 73 Challenge interlocutórias interlocutórias decisions decisions made within the framework of the process of inventory must be challenged along with the decisions to suspend or stop the process or judicial review of the sentence homologatória of sharing, if this will be brought. SECTION VIII final provisions article 74 subsidiary legislation On everything that is not specifically regulated in this decree-law, the Civil Procedure Code and its supplementary legislation. Article 75 Registration and fees the fees and notarial fees payable by the inventory process, the payment scheme and your responsibility for the same are governed by order of the Member of Government responsible for the area of Justice. Article 76 The inventory process legal aid shall apply, mutatis mutandis, the legal framework for legal aid. CHAPTER II legislative changes article 77 amendments to the Civil Code in articles 1770.º, 2053.º, 2083.º, 2084.º, 2085.º, 2086.º and 2102.º of the Civil Code, approved 35 PRESIDENCY of the COUNCIL of MINISTERS by Decree-Law No. 47 344, of 25 November 1966, as amended by decree-laws Nos. 67/75, of February 19, 261/75, of May 27 , 561/76 of 17 July, 605/76, of 24 July, 293/77, of July 20, 496/77 of 25 November, 200-C/80 of 24 June, 236/80, of 18 July, 328/81 of 4 December, 262/83, of June 16, 225/84, of 6 July, and 190/85 of 24 June , by law No. 46/85, of 20 September, by decree-laws no 381-B/85, of 28 September, and 379/86, of November 11, by law No. 24/89, of 1 August, by Decree-Law No. 321-B/90 the, of October 15, 257/91, of 18 July, 423/91, of 30 October, 185/93, of 22 may , 227/94, of September 8, 267/94, of 25 October, and 163/95, of 13 July, by law No. 84/95, of 31 August, by Decree-Law No 329/95, of December 12, 14/96, of 6 March, 68/96, of 31 May, 35/97 of 31 January, and 120/98, of 8 may , by paragraphs 21/98 of 12 may, and 47/98, of 10 August, by Decree-Law No. 343/98, of 6 November, by law No. 16/2001, of 22 June, by decree-laws No. 272/2001, of 13 October, 273/2001, October 13, 2001, 323/17 December, and 38/2003, 8 March , by law No. 31/2003, of 22 August, by Decree-Law No. 199/2003, of 10 September, by law No. 6/2006 of 27 February, by Decree-Law No. 263-A/2007, of July 23, by Decree-Law No. 324/2007, of 28 September and by Decree-Law No. 116/2008, of 4 July, are replaced by the following : ' Article 1770.º [...] 1-After the final transit of the sentence decreed the separation of assets, the matrimonial regime, without prejudice to the provisions on registration, separation, and the sharing of common heritage as if the marriage had been dissolved. 2-in the absence of agreement, the Division provided for in the preceding paragraph may soon be made in the arbitration agreement or the notaries, and, in any other case, by means of inventory, under the conditions laid down in law. Article 2053.º [...]
PRESIDENCY of the COUNCIL of MINISTERS 36 acceptance the benefit of an inventory is made requiring inventory, under the conditions laid down in law, or intervening in pending inventory. Article 2083.º [...] If all the persons referred to in the preceding articles if escusarem or are removed, is the double-head appointed by the Court, of its own motion or at the request of any interested party. Article 2084.º [...] The rules of the previous articles are not mandatory, and may, by agreement of all concerned, if the administration of the estate and the exercise of other functions of double-head to any other person. Article 2085.º [...]-1-head couple can opt out at any time from Office: a) [...]; b) [...]; c) [Repealed]; d) [...]. 2 - [...]. Article 2086.º [...] 1-double head can be removed, without prejudice to other penalties that fit: a) [...]; b) [...]; c) [Repealed]; d) [...]. 2-Any interested has legitimacy to request removal.
PRESIDENCY of the COUNCIL of MINISTERS Article 37 2102.º [...] 1-going on agreement of the parties, the Division is performed in the Office or by affidavit, and, in any other case, by means of inventory, under the conditions laid down in law. 2-it is by sharing inventory: a) When there is no agreement of all interested in sharing; b) When the Prosecutor understands that the interest of unable to whom the inheritance is accepted implies acceptance beneficiary; c) where some of the heirs cannot, by reason of absence partly uncertain or de facto permanent incapacity to intervene in shares held in the Conservatory or in the notarial offices.»
Article 78 amendment to the Civil procedure code in articles 32, 52, 77, 211, 248, 373.º, 426.º, 989.º, 1052.º, 1406.º, and 1462.º of the Civil Procedure Code, approved by Decree-Law No. 44 129, of 28 December 1961, as amended by Decree-Law No. 47,690, of 11 May 1967, by law No. 2,140, 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, of 1 July, 457/80, of 10 October, and 400/82, of 23 September, by law No. 3/83, of 26 February, by Decree-Law No 242/85, July 9 , 381-A/85, of 28 September, and 177/86, of 2 July, 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 July 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, 268/98, of September 1, and 315/98, of October 20, by Act No. 3/99, of 13 38 PRESIDENCY of the COUNCIL of MINISTERS of January, by Decree-Law No 375-A/99, of 20 September, and 183/2000, 10 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 paragraphs 6/2006 of 27 February, and 53-A/2006, of 29 December, by Decree-Law No. 76-A/2006, of 29 March, by law No. 14/2006, 26 April, and by Decree-Law No 8/2007 of 17 January 2007/303, of August 24, 34/2008, of 26 February, 116/2008 of 4 July , and by law No. 52/2008 of 28 August, are replaced by the following: ' article 32 [...] 1 - […]. 2 - […]. 3-[Repealed]. 4 - […]. Article 52 [...] 1-certificates from the inventory processes are worth as enforceable, since they contain: a) [...]; b) […]; c) the content of the decision on sharing part that refers to the same interested, with a statement that the share was declared by a decision of the conservative or notary, certified judicially, or which has the force of res judicata;
PRESIDENCY OF THE COUNCIL OF MINISTERS
39 d) [...]. 2-If the decision of the conservative or notary or the sentence have been modified on appeal and modification affect the quota of the party concerned, the certificate plays the final decision, in part for the same quota. 3 - […]. Article 77 inventory and license 1-the Court of the place of opening of the succession is competent: a) for acts covered under the General control of the inventory process, homologatória sentence of sharing and other acts which, in terms of this process, are a matter for the judge, regardless of registration or service of notary office where the case was filed; b) For enabling a person as successor for death of another. 2-Open the succession outside the country, it is observed the following: a) Having the deceased left assets in Portugal, is responsible for enabling the Court of the place of the situation of buildings or of most of them, or, in the absence thereof, the place where you are most of the furniture; b) […]. 3-[Repealed]. 4-[Repealed]. Article 211 [...] 1-[...]. 2-the causes which by law or by Decree should be considered dependents of other apensadas are those that depend on.
PRESIDENCY of the COUNCIL of MINISTERS article 248 40 [...] 1-[...]. 2 - […]. 3 - […].
4-do not publish ads in the process accelerated, and in all cases of slight importance in that the judge consider expendable. 5 - […]. Article 373.º [...]-1 [...]. 2 - […]. 3 - […]. 4-going on inventory, have enabled as the heirs by that have been indicated in its application, if all are cited for the inventory and any contested the legitimacy or your have the others within the legal deadline or if, having been contested, this has been dismissed. 5-Presented the certificate inventory, which prove the facts indicated, the provisions of this article. Article 426.º [...]-1 [Repealed]. 2-the depositary is the possessor or holder of the goods, unless there is PRESIDENCY of the COUNCIL of MINISTERS 41 inconvenient they manifest are delivered. 3 - [...].
Article 989.º [...] Articles background applies to the security that must be provided by representatives of unable or absent, as to the goods listed or listed, with the following modifications: a) [...]; b) […]; c) judge's assignments relating to the fixing of the value, the assessment of the suitability of the security and the description of the steps required are carried out by the family, when this belongs to meet the collateral, or by conservative or notary, inventory processes. Article 1052.º [...]-1 [...]. 2-[Repealed]. Article 1406.º [...]-1 Requiring separation of goods pursuant to article 825.º, or having to be split by virtue of insolvency of one of the spouses, applies the provisions of the conditions of the process of inventory as a result of separation, divorce, Declaration of nullity or annulment of marriage, constant of special law, with the following specialties: PRESIDENCY of the COUNCIL of MINISTERS the 42) inventory is attached to the process of implementation or the insolvency process; (b)) the judgment creditor in the case of article 825.º, or any creditor, in the case of insolvency, has the right to promote the progress of the inventory; c) cannot be approved debt that are not properly documented; d) the spouse of the run or insolvent has the right to choose the goods would be formed middle and if your use of this right, are notified of the choice that creditors can claim against it, giving the reasons for your complaint. 2 - […]. 3-When the evaluation to modify the value of the goods chosen by the spouse of the run or insolvent, this may declare that give up the choice and, in this case, or not having it used the right of choice, the meações are awarded through raffle Article 1462.º [...]-1 [...]. 2 - […]. 3-[Revoked].»
Article 79 of the Code of Civil Procedure supplement to the PRESIDENCY of the COUNCIL of MINISTERS shall be 43 articles 249-the 249-C and article 279-A of the code of Civil procedure, approved by Decree-Law No. 44 129, of 28 December 1961, as amended by Decree-Law No. 47,690, of 11 May 1967, by law No. 2,140 March 14, 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, of 1 July, 457/80, of 10 October, and 400/82, of 23 September, by law No. 3/83, of 26 February, by Decree-Law No 242/85 , 9 July, 381-A/85, of 28 September, and 177/86, of 2 July, 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 July 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, 268/98, of September 1, and 315/98, of October 20, by Act No. 3/99, of 13 January, by Decree-Law No 375-A/99, of 20 September, and 183/2000, 10 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 paragraphs 6/2006 of 27 February, and 53-A/2006, of 29 December, by Decree-Law No. 76-A/2006, of 29 March, by law No. 14/2006, 26 April, and by Decree-Law No 8/2007 of 17 January 2007/303, of August 24, 34/2008, of 26 February, 116/2008 of 4 July , and by law No. 52/2008 of 28 August, to be replaced by the following: ' article 249-pré-judicial mediation and suspension of time limits 1-the parties may, prior to submission of any dispute to court, recourse to mediation systems for the resolution of these disputes.
PRESIDENCY of the COUNCIL of MINISTERS 44 2-the use of pré-judicial mediation systems provided for by Ordinance of the Member of Government responsible for the area of Justice suspends the limitation and prescription periods from the date it is requested the intervention of a mediator. 3-limitation and prescription periods are resumed from the moment in which one of the parties refuses to submit to or refuses to continue with the mediation process, as well as when the mediator to determine the end of the mediation process. 4-lack of agreement and refusal of submission to mediation referred to in the preceding paragraph are proven by the managing bodies of the systems provided for in the Ordinance referred to in paragraph 2. 5-5-the inclusion of mediation systems in the Ordinance referred to in paragraph 2 depends on the verification of the suitability of the system as well as its management company. Article 249-B approval of agreement reached in mediation pré-judicial 1-If the mediation result in an agreement, the parties may require your approval by a judge. 2-the application is submitted in any court jurisdiction of civil law issues, preferably by electronic means, in accordance with the set in order of the Member of Government responsible for the area of Justice. 3-the judicial approval of agreement reached in mediation pré-judicial aims to verify your compliance with the legislation in force. 4-the application referred to in the preceding paragraph has urgent nature, being decided without prior distribution need. 5-in case of refusal of the approval agreement shall be returned to the parties respects, within 10 days, submit a new agreement for approval.
PRESIDENCY of the COUNCIL of MINISTERS article 249 45-C Confidentiality Except as regards the agreement reached, the contents of mediation sessions is confidential and may not be valued as evidence in court except in cases of exceptional circumstances, namely when is concerned the protection of physical or mental integrity of third parties. Article 279-mediation and stay of proceedings 1-In any State, and whenever the understand the judge should be, can determine the referral of the case to mediation, suspending the proceedings, unless the parties expressly opposed such consignment. 2-Notwithstanding the previous paragraph, the parties may jointly determine the stay of proceedings for the maximum period of 3 months, extendable for another 2 months, trying to resolve the dispute through mediation. 3-the stay of proceedings referred to in the preceding paragraph, automatically and without the need for a court order, with the communication by any of the parties of the mediation systems. 4-Checking on the impossibility of mediation agreement, the mediator gives the Court accordingly, preferably by electronic means, ceasing automatically and without need of any act of the judge or of the Secretariat, the stay of proceedings. 5-Reaching-if agreement on mediation, the same is referred to court, preferably by electronic means, in accordance with the terms set forth in the law for the transaction.» Article 80 amendment to the land register Code articles 39 and 92 of the code of the land register, approved by Decree-Law No. PRESIDENCY of the COUNCIL of MINISTERS
46 224/84, of July 6, as amended by decree-laws Nos 355/85 of 2 September, 60/90, of February 14, 80/92, of 7 may, 30/93, of 12 February, 255/93, of 15 July, 227/94, of September 8, 267/94, of 25 October, 67/96, of 31 May , 375-A/99, of 20 September, 533/99, of December 11, 273/2001, October 13, 2001, 323/17 December, and 38/2003, 8 March, by law No. 6/2006 of 27 February and by Decree-Law No 263-A/2007, of July 23, and 116/2008, of 4 July, are replaced by the following : ' Article 39 [...] 1 - […]. 2 - […]. 3 - […]. 4 - […]. 5-it is the Prosecutors require registration when, in the process of inventory, is awarded to unable or absent in part uncertain any immovable property law. Article 92 [...] 1-Are requested as tentative by nature the following entries: a) [...]; b) […]; c) […]; d) […]; e) […] f) […]; g) […]; h) […];
PRESIDENCY of the COUNCIL of MINISTERS 47 i) [...]; j) Of acquisition by sharing in inventory, before its homologatória sentence becomes final; l) […]; m)[…]; n) […]; o) […]. 2 - […]. 3 - […]. 4 - […]. 5 - [...]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. 10-[...]. 11 - […].» Article 81 amendment to Civil registration code articles 202-A, 202-B and 210.º of the Civil registration code, approved by Decree-Law No. 131/95, June 6, as amended by decree-laws No. 224-A/96, of 26 November, 36/97 of 31 January, 120/98, of May 8, 375-A/99, of 20 September , 228/2001 of 20 August 2001, 273/October 13, 323/2001, of 17 December, 113/2002, of April 20, 194/2003, of 23 August, and 53/2004, of March 18, by law No. 29/2007 of 2 August and by Decree-Law No. 324/2007, of 28 September, shall be replaced by the following : PRESIDENCY of the COUNCIL of MINISTERS ' 48 Article 202-the [...] 1 - [...]. 2-in cases that have been initiated inventory process for registered's death is made mention of the fact in the respective seat, by means of reference dimension that identifies the registry office or the notary where seised and your number. Article 202-B communications to be made by the courts, registrars and notaries 1-[...]. 2-for the purposes of paragraph 2 of the preceding article, the register or the notary shall notify any civil registry office, preferably by electronic means, the establishment of the inventory process. Article 210.º [...] 1-the conservative civil registrar must send to the public prosecutor at the court competent for guardianship or Providence place of opening of the succession: a) [...]; and (b)) death seats plowed the previous month regarding individuals whose inheritance be accepted unable or absent in part uncertain or to the State. 2-the information provided for in the preceding paragraph may be made available by providing access to civil registration database. 3-for the purposes of paragraph 1, the curator should hear the declarant of death through self drawn up immediately after the provision of the original statement.
PRESIDENCY of the COUNCIL of MINISTERS-49 4 [previous paragraph 3].» Article 82 supplement to the system of national register of legal persons Are added to the national register of legal persons, approved by Decree-Law No. 129/98, of 13 May and amended by Decree-Law No. 12/2001 of 25 January 2006 no. 323/2001, of 17 December, articles 73-the 73-C with the following text : ' Article 73-the arbitral Tribunal 1-Without prejudice to the possibility of having recourse to other extrajudicial dispute resolution mechanisms, can constitute an arbitral tribunal for the trial of all issues likely to contentious reaction in terms of names and denominations. 2-exceptions to the provisions of the preceding paragraph in cases where there are against interested unless they accept the arbitration agreement. Article 73b arbitration agreement 1-the interested party wishing to have recourse to arbitration under the dispute settlement procedure provided for in paragraph 1 of the preceding article, may require the conclusion of arbitration agreement under the law of voluntary arbitration and accept the competence of the arbitral tribunal. 2-the presentation of application under the preceding paragraph, shall suspend the contentious reaction times. 3-Notwithstanding the provisions of the following paragraph, the granting of arbitration agreement by the IRN, i. p., is the subject of judgment of your President, to issue within 30 days from the date of submission of the application. 4-can be determined generic binding of IRN, i. p., the centers of PRESIDENCY of the COUNCIL of MINISTERS 50 institutional voluntary arbitration with competence to resolve the conflicts referred to in paragraph 1 of the preceding article, by means of the Ordinance governing official IRN, i. p., which lays down the type and maximum value of disputes covered by giving the parties the power to go to these centers for the resolution of such disputes. Article 73-C Constitution and functioning of the arbitral tribunal is constituted and operates pursuant to the voluntary arbitration law.» Article 83 amendment to the systematic organization of the system of the national register of legal persons 1-articles 63 to 73 of title IV of the national register of legal persons shall be included in the new chapter I, with the title «hierarchical Resource and judicial review '. 2-articles 73-73-C added by the present law to the national register of legal persons, approved by Decree-Law No. 129/98, of 13 May and amended by Decree-Law No. 12/2001 of 25 January 2006 no. 323/2001, of 17 December, become Chapter II of Title IV, with the heading «Tribunal». Article 84 Application in time this law shall not apply to inventory processes which, at the date of your entry into force, are pending. Article 85 shall be repealed: the set Standard) c) of paragraph 1 of article 2085.º and (c)) of paragraph 1 of article 2086.º of the Civil Code; (b)) paragraph 3 of article 32, paragraphs 3 and 4 of article 77, paragraph 1 of the article 426.º, paragraph 2 of the article 1052.º, articles 1108.º, 1109.º, 1326.º to 1405.º, 1473.º and paragraph 3 of article 1462.º of the code of Civil procedure;
PRESIDENCY of the COUNCIL of MINISTERS 51 c) paragraphs 3 and 4 of article 77, paragraph 1 of the article 426.º, paragraph 2 of article 1052.º and paragraph 3 of article 1462.º of the code of Civil procedure;
d) article 15 of Decree-Law No. 594/74 of 7 November. Article 86 entry into force 1-this law shall enter into force on the day of 18 January 2010. 2-articles 249-the 249-C and article 279-A of the code of Civil procedure, the present law shall enter into force on the day following your publication. 3-The articles 73 to the 73 C of the national register of legal persons, by this law, shall enter into force on the day following your publication.
Seen and approved by the Council of 9 October 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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