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Proposed Law No. 235 /X

Exhibition of Motives

In 2005 the first Action Plan for the Decongestion of the

Courts (PADT I), which consisted of various measures aimed at restoring the capacity of

response of the courts, through the elimination of the chronic growth of the pendency

procedural that was to occur and ensure that the space available in the judicial system gets more

liberate to resolve actual conflicts affecting people and businesses. The PADT I

was being executed in 2005 and 2006 through various legislative initiatives. Thus, in

2006, for the first time in more than 10 years, the chronicled growth of the

procedural pendency that was cipher in about 100,000 lawsuits per year, they registered

more processes terminated that processes entrenched and, consequently, there was a

effective reduction of the procedural pendency.

In the continuity of this effort to decongestate the courts, the XVII Government

Constitutional approved, through the Resolution of the Council of Ministers No. 172/2007, of 6

of November, a second Action Plan for the Decongestion of the Courts

(PADT II). This second Plan contains a new set of measures, with the same

purposes that in PADT I.

This new set of measures, in conjunction with those of PADT I, has already produced results

evident and measurable. So, for the first time in more than 15 years, there have been two

consecutive years of reduction of judicial pendants and an increment in the rhythm of the

reduction of pendency that had occurred in 2006, from 0.4% to 1.4%. Incidentally, by the

first time, it has also registered, for two consecutive years, the elimination of the

Chronic growth of 100,000 processes per year verified in previous years.

In realization of the provisions of the Resolution of Council of Ministers that approved the

PADT II and departing from the finding that the inventory process is excessively

moroso, the present diploma comes to consecrate that the respective tramway will pass

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ensured by the conservatoires and notarial offices, through the respective

professionals.

The adopted solution is without prejudice to the jurisdictional control, where it proves to be

necessary. On the one hand, it is always ensured to the parties the access to the court, in the event of

conflict or disagreement, on the other hand, the possibility of the judge, to the whole, is expected

time, be able to call upon you the decision of the issues that you understand must decide. Finally,

add that the final decision of the inventory will always be approved by the judge.

This proposed law also aims to encourage recourse to mediation as a means

that makes it possible to settle disputes by agreement between the parties, by transposing Directive No

2008 /52/CE, of Parliament and of the Council of May 31, 2008.

So, first of all, it is established that the intervention of a mediator may allow

suspend the expiry and limitation periods that are in progress, which makes

unnecessary the filing of a legal action solely to prevent the expiry of the

or prescribing your rights, when there is still the possibility of resolving the conflict

by agreement.

Second, it makes it possible that at any time of a legal action, the

process can be remitted to mediation on the initiative of the judge or the parties.

Finally, third, it introduces the possibility for the parties to opt for

submit the judicial approval to the agreement obtained in the mediation, if they understand it advantageous.

Also take advantage of the present diploma to provide for the possibility of, in the matter of firings

and denominations, there can be voluntary arbitration for trial of the issues

susceptible to judicial appeal. The arbitration as a means of alternative resolution of

disputes thus pass to cover conflicts in an area especially important for the

citizens and businesses.

The Superior Council of the Magistrature, the Superior Council of the Courts, were heard

Administrative and Fiscal, the Superior Council of the Public Prosecutor's Office, the Order of the

Lawyers, the Order of Notaries and the National Data Protection Commission.

They were still heard, on an optional basis, the Officers ' Association, the

Portuguese Industrial Association, the Trade Union Association of Portuguese Judges, the

Trade union Association of the Registered and Notariat, the Employees ' Syndicate of the

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Registrations and the Notariat and the General Union of Workers.

The necessary representations have been promoted to the hearing of the House of Solicitors and the

Advice of the Officers of Justice.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

Legal Regime of the Inventory Process

SECTION I

General provisions

Article 1.

Functions of the inventory

1-The inventory process is intended to put an end to the hereditary communion or, not

lacking in the sharing of inheritance, to relate the goods that constitute

object of succession and to serve as a basis for the eventual liquidation of inheritance.

2-Proceed to the sharing by inventory:

a) When there is no agreement of all those interested in the sharing;

b) When the Public Prosecutor's Office understands that the interest of the incapable to whom the

inheritance is dewound implies beneficiary acceptance;

c) In cases where any of the heirs may not, by reason of absence in

uncertain part or de facto permanent disability, intervene in sharing

register or notarial.

3-To the inventory intended for the realization of the purposes set out in the second part of paragraph 1 is

applicable the present legal regime, with the necessary adaptations.

4-The inventory may still be aimed at the consequent sharing to the extinction of the communion of

goods between the spouses, as provided for in Article 71.

Article 2.

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Phases and advertising of inventory

1-The inventory process is composed of the following phases:

a) Submission of the inventory application;

b) Conference of stakeholders and eventual presentation of tenders;

c) Decision of the sharing.

2-The phases provided for in points b ) and c ) of the previous number are held on the same day, the

not to be that such a revs absolutely impossible.

3-In the course of the inventory process, they must be published on an Internet site,

regulated by the porterie of the member of the Government responsible for the area of justice, the

following acts:

a) Application for inventory;

b) Citations made;

c) Marking the date of the conference of stakeholders;

d) Decision of the sharing;

e) Any other acts that are deemed to be relevant to the purposes of the

inventory process.

4-The access to the site of Internet referred to in the previous number is conditional on the

interested by the allocation of an access code in the terms provided for in the

would be referred to in the preceding paragraph.

Article 3.

Competence

1-It is up to the services of records to be designated by dispatch of the President of the Institute of the

Records and the Notariat, I. P. (IRN, I. P.) and the notarial offices carry out the

process of the inventory process, and the judge has the general control of the process.

2-Interested parties may choose any registration service designated in the terms of the

previous number or any notarial carthorium to present the inventory process.

3-Without prejudice to the provisions of Article 4, they are, among others, the competence of the

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conservative and the notary the following acts:

a) The decision of the harmful issues, the incidents and the complaints that

occur in the course of the inventory;

b) The decision to return those interested to the judge who holds the general control

of the process;

c) The marking and the chair of the conference of stakeholders;

d) The decision to suspend and file the proceedings;

e) The decision of the sharing.

Article 4.

General control of the process

1-The judge has general control of the inventory process, and may, at all times, decide

and practise the acts that you understand should be decided or practiced by the court.

2-Compete exclusively to the judge:

a) Profer homologation sentence of the sharing;

b) Practise other acts which, under this law, are the jurisdiction of the judge.

Article 5.

Legitimacy to apply for or intervene

1-Have legitimacy to apply for and intervene in the inventory process:

a) The direct stakeholders in the sharing;

b) The Public Prosecutor's Office, when the inheritance is dewound to be unable or absent in

part uncertain or the state.

2-When there are legitimized heirlooms, the lessees and donators are admitted to intervene

in all acts likely to influence the calculation or determination of the legitimate and

involve possible reduction of the respective liberalities.

3-The creditors of the inheritance and the lessees are admitted to intervene in the matters concerning the

verification and satisfaction of your rights.

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Article 6.

Judicial intervention

The conservative or the notary are required to refer those interested to the judge who holds

the overall control of the process in the following cases:

a) Verification of the harmful questions referred to in Article 18 (1);

b) Discharge of litigation debt pursuant to Article 31 (2);

c) Verification of the insolvency of inheritance, pursuant to Article 43;

d) Following new sharing, there has been no restitution by the concerned of the

movable property that it has received, for the purposes of Article 62 (4)

Article 7.

Access to the process

The judge and the Public Prosecutor's Office have access to the proceedings through electronic means to

be able to exercise the skills that are assigned to it.

Article 8.

Mandatory constitution of lawyer

1-It is mandatory to constitute lawyers in the inventory if they are aroused or

discussed issues of law.

2-In case of appeal of decisions rendered in the inventory process it is mandatory to

constitution of lawyers.

Article 9.

Representation of unable and missing

1-The unable is represented by special curator when the legal representative agrees

with him to inheritance or to her running several unable represented by the same

representative.

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2-The absent in an uncertain part, not being instituted the curatorship, is also represented

by special curator.

3-Fishing the inventory, the goods awarded to the absent that carecare from administration are

delivered to the appointed curator, who passes on, in relation to the delivered goods, the

rights and duties of the interim curator, ceasing the administration as soon as it is

dewound the curatorship.

4-Special curators provided for in paragraphs 1 and 2 shall be appointed officiously by the

conservative or notary.

Article 10.

Main intervention

1-At any time of the process is possible the presentation of main intervention

spontaneous or provoked by any direct interested in the sharing.

2-Interested parties are notified to respond, following the provisions of articles 27 and

28.

3-A presentation of the intervention suspending the process from the conference of

interested.

Article 11.

Intervention of other stakeholders

1-Havendo legitimized heirlooms, the lessees and donators who have not been

initially cited for the inventory may present intervention in the process,

applying, with the necessary adaptations, the provisions of the previous article.

2-The creditors of the inheritance can claim in the inventory their rights, even if

these have not been related in the inventory application, up to the conference of

interested.

3-The conservative or notary may, at any time of the inventory process,

determine the intervention of any interested person who considers preteride.

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Article 12.

Delivery of documents and notifications

1-A submission of the application for sharing, the possible opposition, as well as of all

subsequent acts shall take place, where possible, by means of means

electronic.

2-The notifications to those interested, to the remaining players and among the mandators are

carried out in accordance with the provisions of the Code of Civil Procedure and, where

possible, through electronic means.

Article 13.

General deadline

1-In the lack of special provision, the deadline for those interested to require any act

or diligence, argue nullities, present incidents or practice any other

act is 10 days.

2-The deadline for any response is always due to the notification of the act to which

responds.

Article 14.

Sale and seizure of goods

It is up to the conservative or notary to proceed to the seizure of the goods provided for in paragraphs 3 and 4 of the

article 23, as well as carry out the sale of the goods for the purposes of the provisions of paragraph 5 of the article

39. and in Article 58 (3)

Article 15.

Habilitation in the inventory

1-If before completed the inventory will be lacking some direct interest in the sharing,

any other interested can indicate the successors of the deceased, by joining the

documents that show necessary and that they cannot be obtained officiously,

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pursuant to Art. 22 para.

2-The indicated persons are cited for the inventory and the other stakeholders are

notified of the indication.

3-A The legitimacy of the successors indicated may be impugned, either by the cited or

by the other Notified Persons, pursuant to Articles 27 and 28.

4-In the absence of an objection, they have been entitled to the persons indicated, without prejudice to

the successors eventually pretermed to present their own habilitation.

5-The successors of the deceased person may still ask for the respective habilitation,

applying the provisions of the previous figures.

6-If you fail any tenant, creditor or tenant who has been cited for the inventory,

your heirs can make yourself admit in the process, following the terms set out

in the previous number.

7-A habilitation of the transferee of the hereditary quota and the sub-purchasers of the goods

donated, subject to the burden of reduction, can do so by any of the forms

legally permissible.

Article 16.

Cumulation of inventories

1-The cumulation of inventories for the sharing of diverse heritages is allowed when

check the following situations:

a) Identity of persons by whom the goods should be rebroken;

b) Inheritances left by the two spouses;

c) One of the shares is dependent on the other or the others.

2-In the case provided for in paragraph c ) of the previous number, if the dependency is partial by

there are other goods, the conservative or notary may dismiss the cumulation when the

same if it appears inconvenient for the interests of the parties or for the tramway

stem from inventory.

Article 17.

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Right of preference of those interested in sharing

1-A preference of those interested in sharing in the divestance of hereditary quinons can

be exercised in the inventory process.

2-Presenting yourself to prefer more than one interested, the quinlion object of divestance is

awarded to all, in the proportion of their quinons.

3-The exercise of the right of preference suspending the process from the conference of

interested.

4-The non-exercise of the preference in the inventory process does not pursue the right of

to intry action preferably in the general terms.

5-If it is exercised right of preference outside the inventory process, it may determine-

if, officiously or at the request of some of the direct stakeholders in the sharing, the

suspension of inventory, pursuant to Article 279 of the Code of Civil Procedure,

applicable with the necessary adaptations

Article 18.

Harmful issues and suspension of inventory

1-If, in the pendency of the inventory, they raise harmful questions of which they depend on

admissibility of the proceedings or the definition of the rights of direct stakeholders in the

sharing and which cannot be decided in the inventory because of lack of documentary proof, the

conservative or notary, as soon as the goods are related, determine the

suspension of the process until there is a definite decision, referring those interested to

the judge who holds the overall control of the process.

2-A suspension of inventory can still be determined when it is pending in

court causes injurious harm in which it debunes any of the matters referred to in the

previous number.

3-A The application of the direct stakeholders in the sharing, the conservative or notary can

authorize the continuing of the inventory to carry out provisional, subject-sharing

the subsequent amendment in accordance with whatever comes to be decided, when they occur

the following situations:

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a) Abnormal delay in the purposeful or judgment of the cause detrimental or when the

feasibility of this if it appears reduced;

b) The drawbacks in the sharing of sharing outweigh those deriving from their

achievement as provisional.

4-Realized the provisional sharing, the provisions of Article 62 shall apply, concerning the

delivery to the interested persons of the goods that have coured them.

5-If one stakeholder is born, the inventory is suspended from the conference of

interested until the birth of the person concerned.

Article 19.

Issues definitely resolved in the inventory

The harmful issues that, in the inventory, are deemed to be solved definitively.

decided in the confrontation of all the direct stakeholders in the sharing, provided that these

have been regularly admitted to intervene in the process.

Article 20.

Archiving of the process

If the process is stopped for more than one month by negligence of those interested in

promote their terms, the conservative or notary determine the respective

archiving.

SECTION II

Application for inventory and opposition of those concerned

Article 21.

Application for inventory

1-In the inventory application must appear:

a) The identification of the author of the inheritance, the place of his last residence and the date and the

place in which you have passed away;

b) The identification of direct stakeholders in the sharing, as well as of the legacies,

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creditors of the inheritance and, if there are legitimated inheritors, of the donants, with

indication of the respective current residences or professional domiciles;

c) The relationship of the goods that integrate inheritance;

d) The identification of the wills, antenna conventions and donations that se

show necessary.

e) Other information that the applicant considers relevant to the development

of the process.

2-The model of the inventory requirement is approved by dispatch of the President of the

IRN, I. P.

3-For the purpose of the provisions of Article 4 (1), the inventory application is sent,

by electronic means, to the court.

Article 22.

Officious representations of instruction

1-A check of the death must be proven by electronic means, in the terms

provided for in office of the member of the Government responsible for the area of justice.

2-The provisions of the preceding paragraph shall apply to the substantiation of the existence of perfilhation,

when it has been declared, as well as of the antenuptial conventions washed in

conservatory of the civil registry.

3-A substantiation of the content of the wills, antenna conventions washed by

notary and endowments of donation shall be carried out through electronic means, case

exist, or by means of an officially requested certificate to the notary who has washed

such acts.

Article 23.

Relation of goods

1-The goods that integrate inheritance are related by means of monies, subject to one

numeracy, indicating real estate, immovable property, credit rights, and the

respective value.

2-The debts are related in separate with another numbering.

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3-A proof of the registral situation of the goods subject to registration is made officiously by means

electronic, in the terms provided for in the porterie of the responsible government member

by the area of justice.

4-There is no inconvenience to the sharing, can be grouped together, in the same amount, the

furniture, albeit of a different nature, as long as it is intended for a unitary end and

are of diminished value.

5-Benefits belonging to the inheritance are described in kind, when they can

separate from the building in which they were carried out, or as simple credit, in the case

contrary and the benfeits carried out by third parties in building of the inheritance are described

as debts, when they cannot be raised by who has carried them out.

6-The conservative or notary shall officiously and in the terms provided for in the portionery

referred to in paragraph 3 to locate in the databases register goods that are part of the

inheritance.

Article 24.

Relation of goods that do not find themselves in power of the applicant of the inventory

1-If the applicant of the inventory declarates that he is unable to relate some

goods that are in power from another person, is this notified to, within 10 days,

provide access to such goods and provide the necessary elements with the respective inclusion

in the relationship of goods.

2-If the notified alleges that the goods do not exist or do not have to be related,

the provisions of Article 29 (3) are observed.

3-If the notified does not comply with the duty of collaboration that it is up to him, the conservative or

notary carry out the necessary representations, including the seizure of the goods by the time

indispensable to its inclusion in the relationship of goods, and shall immediately give account to the

judge of the seizure carried out for the effects provided for in Article 4 (1)

4-For the effects of the provisions of the preceding paragraph, the conservative or notary may

request the collaboration of administrative authorities or police officers.

Article 25.

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Citation of the interested

They are cited for the inventory the direct stakeholders in the sharing, the Public Prosecutor's Office,

when the succession is dewound to be unable or absent in an uncertain part or to the State, the

lessees, the creditors of the inheritance and, by having legitimated inheritors, the donators.

Article 26.

Form and content of citations

1-The citations are carried out by registered letter, the provisions of Article 12 being applicable.

of the scheme approved by the Decree-Law No. 269/98 of September 1.

2-A citation by post is presumed to be carried out on the fifth day after the registration, or

on the first working day following that, when it is not.

3-Frustrating the possibility of citation in the manner provided for in paragraph 1, proceeds to the

edital citation, carried out by the publication of advertisement on site on the Internet of access

public, regulated by the porterie of the member of the Government responsible for the area of justice.

4-In the citation, the citands are cautioned from the scope of their intervention, in the terms of the

article 5, and of the faculty of deducting opposition or impugation, pursuant to the article

next.

5-Verified, at any time, the lack of citation of some interested, is this cited

with the comination that, if nothing requires within 10 days, the process considers itself

accept.

6-Within the time specified in the preceding paragraph, it shall be the quoted as admitted to exercise the rights

that competed with him.

Article 27.

Opposition to inventory

1-The direct stakeholders in the sharing and the Public Prosecutor's Office, when there has been cited,

may, in the 15 days subsequent to the citation:

a) Present opposition to the inventory;

b) Impugned the legitimacy of the concerned persons, claim the existence of others or

the constant elements of the inventory requirement;

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c) Complain against the relationship of goods, indicating goods that should be related and

the respective value, requiring the exclusion of improperly related goods,

for not being part of the acquis to be divided, or by arguing any inaccuracy in the

description of the goods that it is releaving for sharing.

2-When there are legitimized heirlooms, the lessees and donators can present

opposition with respect to the issues that may affect their rights.

Article 28.

Subsequent tramping

1-Those interested with legitimacy to intervene in the issues raised in the ( a ) and

b ) of paragraph 1 of the previous article are notified to respond, in 10 days.

2-Carried Out the necessary probatory representations, required by the interested or

determined officialously by the conservative or notary, the matter is decided, without

prejudice to the provisions of Article 18.

Article 29.

Decision of the complaints made

1-When complaint against the relationship of goods is filed, the applicant of the

inventory is notified to relate the missing goods or to respond, within 10

days.

2-If the applicant of the inventory confesses to the existence of the goods whose lack has been indicated,

proceeds immediately to the addition of the relationship of goods initially presented,

notifying the remaining stakeholders and the Public Prosecutor's Office, in cases where it has

main intervention in the process, of the modification carried out.

3-Not if checking the situation provided for in the preceding paragraph, the remaining shall be notified

interested with legitimacy to speak out and the Public Prosecutor's Office, in the cases

in which he has main intervention in the process, applying the provisions of paragraph 2 of the

previous article and deciding the conservative or notary of the existence of goods and of the

pertinence of their relationship, without prejudice to the provisions of the following article.

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4-The ordered changes and additions are made officialingly introduced in the relationship of

goods initially presented.

5-The provisions of this article shall apply, with the necessary adaptations, when third if

arrogate the entitlement of related goods and require their exclusion from inventory.

Article 30.

Evasion of goods

The existence of sonegation of goods, pursuant to civil law, is jointly appreciated with the

allegation of the lack of related goods, and may apply, when proven, to civil sanction

provided for in Article 2096 of the Civil Code.

Article 31.

Denial of active debts

1-If an active debt, related by the applicant of the inventory, is denied by the

intended debtor, the provisions of the paragraph shall apply. c ) of Article 27 (1), with the

necessary adaptations.

2-Being held the debit relationship, the debt considers itself to be litigated, remitted-

if those interested for the judge who holds the overall control of the process.

Article 32.

Evaluation of goods in advance to the conference of interested

To ensure an equal and equitable allocation of the goods by the various stakeholders, the

appropriations may be assessed by referee at the request of those concerned or on the initiative of the

conservative or notary.

SECTION III

Conference of stakeholders and sharing

SUBSECTION I

Conference of stakeholders

Article 33.

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Marking of the conference of stakeholders and sharing

1-Resolved the issues raised likely to influence the sharing and certain

the goods to be shared, the conservative or notary immediately designates day for the

achievement of the conference of stakeholders and sharing.

2-Those interested in sharing are notified to attend or to make themselves represent by

mandated with special powers, and may entrust the mandate to any other

interested.

3-A The conference and the sharing can be postponed, by determination of the conservative or

notary or to the requirement of any interested, for one time, if any of the

summoned and there are reasons to consider feasible the agreement on the composition of the

Quinlions.

4-For the purpose of the provisions of Article 4, the conservative or notary informs, by way of

electronic, the judge on the issues likely to influence the sharing that

consider to be resolved and identify the goods to be shared, indicating, still, the day

designated for the holding of the conference of stakeholders and sharing.

Article 34.

Acts practiced at the conference of stakeholders

At the conference of the interested persons the following acts are practiced, by the order indicated:

a) Composition of the quinlions of those concerned;

b) Approval of the liability of inheritance and the manner of fulfillment of the legacies and

inheritance charges, if they exist;

c) Bids, should there be any place at all.

DIVISION I

Composition of the fortnons, approval of the liability and form of compliance of the

legacies and charges

Article 35.

Composition of the quinlions of the interested

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1-Interested parties may agree, unanimously, and still with the concordance of the

Prosecutor's Office, when the latter has main intervention in the process, which the

composition of the quintuses perform through one of the following forms:

a) By designating the monies that will be compose, in whole or in part, the quinlion of

each and every one of them and the values why they must be awarded;

b) Indicating the monies or lots and their values, so that, in whole or in

part, be the subject of lottery by the interested;

c) Waking up in the total or partial sale of the assets of the inheritance and in the distribution of the

product of alienation by the various stakeholders.

2-In the absence of the agreement provided for in the preceding paragraph, the conference shall be deliberated on:

a) The allocation of a value to the related goods;

b) Any issues the resolution of which may influence the sharing.

3-For the purposes of the provisions of the a ) of the previous number:

a) The value of the buildings inscribed in the matrix is the respective matrix value,

proven by access to the data base of the competent entity or, if this does not

it is possible, by officiating document request to the same

entity;

b) They are mentioned as illiquid goods:

i) The rights of credit or other nature, the value of which is not yet

possible to determine;

ii) The social parts in societies whose dissolution is determined by death

of the inventoried, provided that the respective settlement is not concluded,

mention, however, the value they had second the last balance sheet.

4-A The deliberation of those interested in attendance, concerning the subjects provided for in paragraph 2, shall be binding

those who do not appear, unless they have not been properly notified.

Article 36.

Recognition of debts approved by all

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1-The debts that are approved by the larger stakeholders and by those to whom

it is incumbent on the approval by the minors or equiees to consider themselves

recognized, and the decision of the sharing shall order its payment.

2-When the law requires documentary evidence for the demonstration of its existence, it cannot

debt to be approved by the minors or equated without joining or exhibited to

proof required.

Article 37.

Verification of debts

If all those interested are opposed to the approval of the debt, the conservative or notary

decide on their existence through the documentary evidence presented.

Article 38.

Divergences among those concerned about the approval of debts

There are divergences on the approval of the debt, the provisions of Article 36 apply to the

share-share relative to the stakeholders who approve it and as to the remaining part, the

provisions of the previous article.

Article 39.

Payment of debts approved by all concerned

1-The debts accrued and approved by all those interested are paid immediately, if

the creditor demand payment.

2-Not happening in inheritance enough money and not waking up those interested in another

form of immediate payment, proceeds to the sale of goods for this purpose by designating

the conservative or notary those who will-from being sold, when there is no agreement to such

respect among those interested.

3-If the creditor wants to receive in payment the goods indicated for the sale, they are

awarded for the agreed price.

4-The provisions of the preceding paragraphs shall also apply to debts whose existence is

verified by the conservative or notary, pursuant to Articles 37 and 38.

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5-On the sale provided for in paragraph 2, the constant regime of Articles 886 and below shall apply

of the Code of Civil Procedure, applicable with the necessary adaptations.

Article 40.

Payment of debts approved by some of the concerned

Being the debts approved solely by some of the concerned, it is incumbent upon whom the

has approved to decide the form of payment, but deliberation does not bind the rest

interested.

Article 41.

Deliberation of the tenants or donators on the liability

1-Tenants compete to deliberate on the liability and form of their payment, when

all inheritance is divided into legacies, or when the approval of the debts results

reduction of legacies.

2-The donators are called upon to pronounce on the approval of debts, always

that there are serious probabilities to result from them the reduction of the liberalities.

Article 42.

Debt not approved or unrecognized

If the debt that gives cause to the reduction is not approved by all the heirs, donators and

lessees or is not recognized by the conservative or notary, cannot be taken at

account in the inventory process for this purpose.

Article 43.

Insolvency of inheritance

When you check the insolvency situation of the inheritance, the stakeholders are remitted

for the judge who holds the overall control of the process, taking advantage of it, where possible,

the acts already practiced in the inventory.

DIVISION II

Bids

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Article 44.

Opening of tenders

1-There has been no agreement at the conference of stakeholders and resolved the issues

referred to in Article 35 (2), when they take place, open bidding between the

interested.

2-Are excluded from bidding the goods which by force of law or business cannot

be of it the subject matter, those that should be preferentially assigned to certain stakeholders and

those who have been the subject of an application for award under Rule 47.

3-It is permissible to give up the declaration that it is intended to bid so far as to

initiate the bidding of the respective appropriation.

Article 45.

Claim against the value attributed to the goods

1-Up to the beginning of the tenders, the interested parties and the Public Prosecutor's Office, when it has

main intervention in the inventory, can claim against the value assigned to

any related goods indicating what value they consider appropriate.

2-A stakeholder conference deliberates, unanimously, on the value that is due

attribute to the goods to which the complaint relates.

3-The value is not changed if any of the stakeholders declare that they accept the thing for the value

declared in the relation of constant goods of the inventory requirement or in the

complaint filed, depending on whether this is based on excess or insufficient value

constant of the relationship, equating such a statement to the bidding.

4-In the case provided for in the preceding paragraph, if more than one person is interested to accept, it opens soon

bidding between them, being the thing adjudicated upon which to offer greater laneway.

5-There is no unanimity in the assessment of the claim deducted, not by checking the

hypothesis provided for in paragraph 3 nor has there been the assessment provided for in the terms of the article

32, may apply for the assessment of the goods whose value has been questioned, to which it is

carried out in accordance with Article 52.

Article 46.

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Formalities of the bidding

1-A The bidding consists of a harness to which only the heirs are admitted and the

spouse meeiro, saved the special cases in which the tenant should be admitted or the

legatory.

2-Each allocation is bid separately, unless all agree on the formation of lots

identified by letters to this effect or if there are some that cannot separate-

if without inconvenience.

3-Can various stakeholders, by agreement, bid in the same amount or lot, to be

adjudicated in common in the sharing.

Article 47.

Applications for the award of goods

1-If indivisible goods are related that any of the stakeholders are

compropriate, exceeding its quota half of the respective value and merging the

your right in title that excludes you from the inventory or, by no legitimating inheritors,

in donating or legacy of the author of the inheritance, the concerned concerned may require that the

related part is awarded to it.

2-It may also be any interested in formulating an award for award in respect of

any fungible goods or credit securities, in the proportion of their quota, save if the

division in kind can entail considerable injury.

3-The award applications to which the previous figures are referred are presented in the

stakeholder conference and the remaining interested parties are heard on the

issues of indivisibility or the possible injury caused by the division, and may

any of the interested parties require that they proceed to the assessment.

Article 48.

Assessment of donated goods in case of unofficialness

1-If there are legitimated heirlooms and some interested declares that it intends to bid the

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goods donated by the inventor, the opposition of the donator, whether or not conferenced, has

as a consequence being able to apply for the assessment of the goods to which the declaration refers.

2-Feel the evaluation and completed the tenders in the other goods, the declaration goes without effect

if it comes to ascertaining that the donator is not obliged to repose goods some.

3-When it is recognized, however, that the donation is unofficial, the following are observed

rules:

a) If the declaration falls on building susceptible to division, it is admitted to bidding

on the part that the donator has to repose, not being admitted to it the

donator;

b) If the statement falls on the indivisible thing, it opens up bidding on it among the

legitimized heirlooms, in case the reduction exceeds half its value, as if

the reduction is equal to or less than that half, is the donator obliged to repose the

excess;

c) Not taking the case provided for in the previous points, the donator may choose,

between the donated goods, the necessary for the filling of their quota in the

inheritance and the burdens of the donation and repose those who exceed their fortnight,

opening up bidding on the reposed goods, if this is required, not being the

donator admitted to licit.

4-A The opposition of the donator shall be declared in the very act of the conference, if it is

gift, otherwise it must the donator be notified, before the tenders, to

manifest their opposition.

5-A The assessment may be required until the decision of the sharing.

Article 49.

Assessment of legacy goods in the event of unofficialness

1-If any interested declares that it intends to bid on legacy goods, it may the legatory

oppose in the terms of paragraph 4 of the previous article.

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2-If the tenant opposes, it does not take place the bidding, but it is lawful for the heirs to apply for the

assessment of the legacy goods when their low assessment may cause them to cause injury.

3-In the lack of opposition on the part of the lessee, the goods enter the bidding, having the

right-legatory to the respective value.

4-At the deadline to apply for the assessment is the provisions of paragraph 5 of the preceding Article apply.

Article 50.

Assessment to the application of the tenant or tenant

1-When of the constant value of the relation of goods results that the donation or the legacy are

unofficiated, may the tenant or the lessee, regardless of the statements to which

refer to previous articles, apply for assessment of donated or legacy goods or of

any others who have not yet been.

2-Can also the tenant or tenant apply for the assessment of other inheritance goods

when only in the face of the assessment of the donated or legged goods and tenders if

recognize that the donation or legacy has to be reduced by unofficialness.

3-A The assessment referred to in this article may be required until the decision of the sharing.

Article 51.

Consequences of the inofficiousness of the legacy

1-If the legacy is unofficial, the lessee reaps, in substance, the part that exceeds,

may on that part be bidding, the one which is not admitted to the legatory.

2-Being the indivisible legged thing, the following rules are observed:

a) When the remake should be made in cash, any of the interested can

apply for evaluation of the legged thing;

b) When the reposition can be made in substance, the lessee has the faculty of

require bidding on the legged thing.

3-It shall also apply to the lessee the provisions of the paragraph c ) of Article 48 (3)

Article 52.

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Achievement of assessments

The assessments provided for in Articles 32 and 48 to 51 are carried out by a single expert,

appointed by the conservative or notary.

Article 53.

Cancellation of the bidding

1-If the Public Prosecutor's Office understands that the representative of some incapable or equiped

has not defended properly, in the bidding, the rights and interests of its represented,

requires that the act be annulled in the respective part.

2-In the case provided for in the preceding paragraph, the conservative or notary shall determine the

cancellation of the bidding, sending repeat the act and passing the representation of the unable to

be assured by the prosecutor's office.

3-A decision to cancel the bidding is notified to the representative of the unable or

equated and hers is up to appeal to the competent court, within 10 days of

count of the notification.

4-A The interposition of the resource provided in the preceding paragraph suspending the process of

inventory, pursuant to Rule 18.

SUBSECTION II

Sharing

Article 54.

Decision of the sharing

1-Realized the conference of stakeholders, and the tenders, if they take place, the decision

of the sharing is immediately delivered by the conservative or notary.

2-Establishes the legal regime of sports federations and the conditions of allocation

of the status of sports public utility.

3-For the purpose of the provisions of Article 4 (1), the conservative or notary communicates

to the judge, by electronic means, the decision of the sharing and the possible complaints.

Article 55.

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Rules of the sharing

1-In the decision of the sharing the following rules are observed:

a) First, apse the full importance of the asset, adding to the values

of each species of goods as per the assessments and tenders carried out and

deducting the debts, legacies and charges that should be taken down;

b) It then determines the amount of the quota of each person concerned and the party that

it is up to you in each species of goods;

c) Finally, the filling of each quota is made with reference to the figures of the

appropriations of the description.

2-If the co-heirs coured fractions of appropriations, that fact should be mentioned.

Article 56.

Filling of the hereditary quinlions

1-In the padding of the fortnight the following rules are observed:

a) The bid goods are awarded to the respective bidder, such as the goods

donated or legacies are awarded to the respective donator or tenant;

b) To non-conferents or non-bidders are assigned, when possible, goods from the

same species and nature of the donated and bidding;

c) If it is not possible to observe the rule provided for in the preceding paragraph, to the non

lecturers or non-bidders are assigned other assets of the inheritance, but if these

are of a nature other than that of the donated or bid goods, may require the

composition in cash, selling the goods necessary to obtain the due

amounts, in accordance with Article 39 (5);

d) The provisions of the provisions b ) and c ) is applicable for the benefit of the co-heirs not

tenants, when some of the heirlooms have been contemplated with legacies;

e) The remaining goods, if any, are reparties to luck among those interested, by

equal batches;

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f) The credits that are litigious or that are not sufficiently

proven and the goods that have no value are distributed

proportionally by the interested.

2-If it is found that the donated, legged or bid goods exceed the respective quota

interested in or the available part of the inventoried, the conservative or the notary do

reference to the fact, indicating the amount of excess.

3-If there are any unofficial legacies or donations, the conservative or notary order the

notification of those interested to require their reduction, and the lessee may or

donator choose, among the legacy or donated goods, the necessary to fill in the value

who is entitled to receive.

Article 57.

Options of the interested

1-Those interested who caibam torns may apply for the composition of their

Quinlions or claim the payment of them.

2-If any interested are bidding on more monies than those required to fill

your fortnight, to any of the interested parties to whom falling torns is permitted to apply for

that excess monies or some are awarded to it by the resulting value of the

bidding, up to the limit of your fortnight.

3-The bidder may choose, from among the monies in which he licked, the necessary ones for

fill in your fortnight.

4-Being that the will of more than one stakeout and no agreement between them on

adjudication, the conservative or notary decide, so as to achieve the largest

balance of batches, and may send the draw or authorize the award in

common in the proportion to indicate.

Article 58.

Payment or guarantee of torns

1-Reclamated the payment of the torns, the interested debtor must pay them

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immediately, guarantee your payment or submit proposal for your

payment.

2-Not being the paid torns, nor guaranteed your payment, nor do you accept the proposal

for your payment, the applicants may ask that of the monies intended for the

debtor are awarded the ones they choose and are required to

fulfillment of your quotas, provided that they immediately guarantee the importance

of the tornas which, by virtue of the award, have to pay, the provisions being applicable

in paragraph 4 of the previous article.

3-Can also the applicants ask that as soon as the decision of the sharing becomes

definitive, if it proceeds to the sale of the goods awarded to the debtor as far as it is necessary

for the payment of the tornas, pursuant to Article 39 (5)

Article 59.

Non-complaint of the payment of the torns

Not being claimed the payment of the torns, these have won the legal interest since the date on

that the decision of the sharing has become final and creditors may register legal mortgage

on the goods awarded to the debtor or, when such guarantee proves to be insufficient,

require that they be taken, as to the furniture, the provisions laid down in Article 62.

Article 60.

Homologation sentence of the sharing

1-The process is remitted, by electronic means, to the judge for, within five days,

profer homologation sentence of the sharing.

2-A Decision of non-homologation shall be substantiated and propose the form of the realization

of the new sharing by the conservative or notary.

3-From the homologation sentence of the sharing rests with the court of the Relation, the

intern within 30 days, in the general terms, not having recourse to the judgment of the

court of the Relation to the Supreme Court of Justice, without prejudice to the cases in which

the appeal is always admissible.

Article 61.

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Delivery of goods before transit on trial of the homologatory sentence

1-If any of the interested want to receive the goods that have been fit to him in sharing,

before transit on trial of the type-approvals sentence, the following is observed:

a) In the title which is to be registered for the registration and possession of the immovable property declares that the

decision of the sharing is not yet final, and the transmission register owing

mention this provisoriousness;

b) Credit securities subject to averaging are averaged by the entity

competent with the statement that the person concerned cannot dispose of them

as long as the homologatory sentence does not transact on trial;

c) Any other goods are delivered only if the person concerned is to provide collateral, to which

does not understand income, interest and dividends.

2-If the inventory proceeds as to some goods, by recognizing as soon as

shall be related, but doubts remain as to the lack of goods to be conferred, the

lecturer does not receive the couberem in sharing without providing collateral to the value

of those to which it will not be entitled if the matter comes to be decided against it.

3-The registration and averaging provided for in points a ) and b ) of paragraph 1 produce the same

effect that the record of the shares and such effect subsists while not being delivered decision

that determines the extinction of that effect.

Article 62.

New sharing

1-Having to undertake the new sharing by effect of the decision of the appeal or cause, the

head-of-the-couple immediately enters the possession of the goods that ceased to belong to the

interested that received them.

2-The inventory is only restrained in the part strictly necessary for the decision to be

fulfilled, there always remain the evaluation and the description, yet there is complete

replacement of heirs.

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3-In sentencing that judges the new sharing are warrants cancelling the records or

averbings that should lapse.

4-If the person concerned does not refund the movable property he has received, the execution is promoted in the

general terms.

SECTION IV

Amendment and cancellation of the sharing

Article 63.

Amendment by agreement

The sharing, even after the transit on trial of the homologatory sentence, may be

emendatedin the same inventory by agreement of all those interested or of their

representatives, if there has been a de facto error in the description or qualification of the goods or

any other error likely to be addicted to the will of the parties.

Article 64.

Amendment of the sharing in the lack of agreement

1-When you check any of the cases provided for in the previous article and those interested do not

are in agreement as to the amendment, may this be sought in a judicial remedy from the

homologatory decision of the sharing.

2-The resource provided for in the preceding paragraph shall be brought within one year of the

knowledge of the error, as long as this is knowledge is subsequent to the sentence

homologation of the sharing.

Article 65.

Judicial annulment

Cancellation of the sharing confirmed by sentence carried forward on trial can be enacted

when there has been preterition or lack of intervention from some of the co-heirs and if

show that the other interested parties proceeded with dolo or bad faith, whether as to the preterition,

be how much the way the sharing was prepared.

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Article 66.

Judicial reopening of the inventory process

1-Not if verifying the requirements of the previous article or preferring the pretermed heir

that your fortnight is made up of money, the person concerned requires convocation

of the conference of interested parties to determine the amount of their fortnight.

2-If the stakeholders do not agree, the following rules are observed:

a) In the self, the goods on whose value there are divergence are consigned;

b) Such goods are assessed again, and may on them be required second

evaluation;

c) It then sets out the importance to which the heir is entitled.

3-It is delivered new decision to share for fixing the changes to the previous decision in

consequence of the payments required for the filling of the quinlion of the

pretermed.

4-Feel the composition of the quinlion, the heir may require the debtors to be

notified to make the payment, under penalty of becoming obliged to behave

in goods the respective part, without prejudice, however, of the divestments already made.

5-If the payment is not required, the provisions of Article 58 (4) shall apply.

SECTION V

Additional shares

Article 67.

Inventory of the supperstite spouse

1-When the inventory of the spouse supérstite there is to run in the conservatory or in the

caretaker in which the inventory by death of the predefunct spouse has proceeded, the terms

necessary for the second sharing are washed in the process of the first.

2-In the inventory to which the death of the supperstite spouse is carried out are described and

shared the assets omitted in the inventory of the predefunct spouse, when the omission

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only come to discover on the occasion of that inventory.

Article 68.

Additional sharing

When you recognize, after you have done the sharing, that there has been omission of some goods,

takes place in the same process the additional sharing, with observance, in the applicable part, of the

that you find yourself willing in the previous articles.

SECTION VI

Inventory process in special cases

Article 69.

Inventory as a result of justification of absence

1-For deferrals of the curatorship and delivery of the assets of the absent, the inventory follows the

terms set out in the previous chapters, with intervention by the Public Prosecutor's Office.

2-It is cited for the inventory and intervenes in it the persons designated in Article 100 of the

Civil Code.

3-In the 20 days following the citation, any of the citations can deduct opposition as to the

date of absence or of the latest news, constant of the process, indicating to which

considers it accurate.

4-Who judges themselves with a right to the delivery of goods, regardless of the sharing, may

apply for your immediate delivery and the decision that the order appoints those interested

definitive curators as to these goods.

5-A The inventory decision defers to those who compete for the definitive curatorship of the goods that do not

have been delivered in the terms of the previous number.

6-When the conservative or notary requires collateral to some definitive curator and this a

do not pay, is ordered in the same process the delivery of the goods to another curator.

Article 70.

Emergence of new stakeholders

1-A The sharing and the deliveries made may be changed in the process referred to in the article

previous, the application for heir or interested that shows duty to exclude some of the

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curators appointed or run with them to the succession, regarding the date of the latter

news from the missing, being the notified curators to respond.

2-The evidence is offered with the application and the answers.

3-In the lack of response, the amendment is ordered, deferring the curatorship of harmony with

her.

4-Havendo opposition, the issue is decided by the conservative or notary.

Article 71.

Inventory as a result of separation, divorce, declaration of nullity or

marriage annulment

1-Decreed the judicial separation of persons and goods or the divorce, or declared null or void or

annulled marriage, any of the spouses may apply for inventory for sharing the

goods, unless the regime of the goods of the marriage is that of separation.

2-The inventory follows the terms prescribed in this legal regime, with the

necessary adaptations.

SECTION VII

Challenging the decisions of the conservative or notary

Article 72.

Challenge the decisions that suspend or put an end to the proceedings

1-A The challenge of the decisions of the conservative or notary that suspends or put

term of procedure is presented to the judge who holds the overall control of the proceedings in the

period of 30 days from the notification of the decision.

2-A The challenge is carried out through the presentation of the respective application in the

conservatory or in the notarial carthorium, being the imputation presented immediately

referred to the judge through electronic means.

3-Of the sentence handed down is to appeal in the general terms.

4-The provisions of the preceding paragraphs shall apply to the decision that applies the sanction provided for

in Article 30 para.

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5-From the decision of the judge to appeal to the court of the Relation, to the intern within the period of 30

days, in the general terms, not having recourse to the judgment of the court of Relation for the

Supreme Court of Justice, without prejudice to the cases in which the appeal is always

admissible.

Article 73.

Impugning of interlocutterdecisions

Interlocuting decisions rendered in the context of the inventory process shall be

challenged together with decisions suspending or putting an end to the proceedings or

in the judicial appeal of the homologatory sentence of the sharing, should this come to be brought into action.

SECTION VIII

Final provisions

Article 74.

Subsidiary legislation

In everything that is not specially regulated in this diploma, the

Code of the Civil Procedure and the respective supplementary legislation.

Article 75.

Emoluments and fees

The emoluments and notarial fees due by the inventory process, its regime

of payment and liability for the same are regulated by the member of the member of the

Government responsible for the area of Justice.

Article 76.

Judicial support

To the inventory process is applicable, with the necessary adaptations, the legal regime of the

judicial support.

CHAPTER II

Legislative amendments

Article 77.

Amendment to the Civil Code

Articles 1770, 2053, 2083, 2085, 2086, 2086 and 2102 of the Civil Code, passed

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by Decree-Law No. 47344 of November 25, 1966, with the amendments introduced

by Decrees-Leis n. ºs 67/75, February 19, 261/75, May 27, 561/76, 17

of July, 605/76, of July 24, 293/77, of July 20, 496/77, of November 25,

200-C/80, of June 24, 236/80, of July 18, 328/81, December 4, 262/83, of

June 16, 225/84, of July 6, and 190/85, of June 24, by Law No. 46/85, of 20 of

September, by the Decrees-Leis paragraphs 381-B/85, of September 28, and 379/86, of 11 of

November, by Law No. 24/89, of August 1, by the Decrees-Leis paragraphs 321-B/90, 15

of October, 257/91, of July 18, 423/91, of October 30, 185/93, of May 22,

227/94, of September 8, 267/94, of October 25, and 163/95, of July 13, by the Law

n ° 84/95 of August 31 by the Decrees-Leis paragraphs 329-A/95 of December 12,

14/96, of March 6, 68/96, of May 31, 35/97, of January 31, and 120/98, of 8 of

May, by the Laws paragraphs 21/98, of May 12, and 47/98, of August 10, by the Decree-Law n.

343/98, of November 6, by Law No. 16/2001 of June 22 by the Decrees-Laws

272/2001, of October 13, 273/2001, of October 13, 323/2001, of 17 of

December, and 38/2003, of March 8, by Law No. 31/2003, of August 22, by the

Decree-Law No 199/2003 of September 10, by Law No. 6/2006 of February 27,

by Decree-Law No. 263-A/2007 of July 23, by the Decree-Law No. 324/2007, 28 of

September and by the Decree-Law No. 116/2008 of July 4, they go on to have the following

wording:

" Article 1770.

[...]

1-After transit on trial of the sentence that enact judicial separation

of goods, the matrimonial regime, without prejudice to the provisions of

register, becomes the one of separation, proceeding to the sharing of heritage

common as if the marriage had been dissolved.

2-Havendo agreement of the stakeholders, the sharing provided for in the preceding paragraph

can soon be done in the conservatory or in the notarial offices, and, in

any other case, by means of inventory, in accordance with the terms set out in law

special.

Article 2053.

[...]

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The acceptance of the inventory benefit is done by requiring inventory, in the terms

provided for in special law, or intervened in pending inventory.

Article 2083.

[...]

If all the persons referred to in the previous articles have become or are

removed, is the head-of-couple designated by the court, officiously or the

application by any interested.

Article 2084.

[...]

The rules of the foregoing articles are not imperative, and may, by agreement of

all interested, surrender to the administration of the inheritance and the exercise of the

too much head-of-a-couple functions to anyone else.

Article 2085.

[...]

1-The head-of-a-couple can at all time escusge from office:

a) [...];

b) [...];

c) [ Repealed ];

d) [...].

2-[...].

Article 2086.

[...]

1-The head-of-the-couple can be removed, without prejudice to the remaining sanctions

that in the case they couberem:

a) [...];

b) [...];

c) [ Repealed ];

d) [...].

2-Any interested person has legitimacy to ask for removal.

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Article 2102.

[...]

1-Havendo agreement of the stakeholders, the sharing is carried out in the conservatory

or by notarial pathway, and, in any other case, by means of inventory, in the

terms provided for in special law.

2-Proceed to the sharing by inventory:

a) When there is no agreement of all those interested in the sharing;

b) When the Public Prosecutor's Office understands that the interest of the incapable

who inheritance is dewound implies beneficiary acceptance;

c) In cases where any of the heirs cannot, on the grounds of

absence in an uncertain part or permanent de facto disability,

intervene in sharing carried out in the conservatives or in the caries

notarial. "

Article 78.

Amendment to the Code of Civil Procedure

The Articles 32, 52, 77, 248, 426, 989, 1406, 1406, 1406, 1406, 1406, and 1462 of the

Code of the Civil Procedure, approved by the Decree-Law No. 44129, of December 28 of

1961, with the amendments made by the Decree-Law No. 47,690 of May 11, 1967,

by Law No. 2,140 of March 14, 1969 by the Decree-Law No. 323/70 of July 11,

by Portaria No. 439/74 of July 10 by the Decrees-Leis paragraphs 261/75 of May 27,

165/76, of March 1, 201/76, of March 19, 366/76, of May 15, 605/76, of 24 of

July, 738/76, of October 16, 368/77, of September 3, and 533/77, of 30 of

December, by Law No. 21/78, of May 3, by the Decrees-Leis paragraphs 513-X/79, of 27 of

December, 207/80, of July 1, 457/80, of October 10, and 400/82, of 23 of

September, by Law No. 3/83, of February 26, by the Decrees-Laws 242/85, of 9 of

July, 381-A/85, of September 28, and 177/86, of July 2, by Law No. 31/86, of 29 of

August, by the Decrees-Leis paragraphs 92/88, of March 17, 321-B/90, of October 15,

211/91, of July 14, 132/93, of April 23, 227/94, of September 8, 39/95, of 15

of February, 329-A/95, of December 12, 180/96, of September 25, 125/98, 12

of May, 268/98, of September 1, and 315/98, of October 20, by Law No. 3/99, of 13

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of January, by the Decrees-Leis paragraphs 375-A/99, of September 20, and 183/2000, of 10 of

August, by Law No. 30-D/2000 of December 20, by the Decrees-Leis paragraphs 272/2001,

of October 13, and 323/2001, of December 17, by Law No. 13/2002, 19 of

February, by the Decrees-Leis paragraphs 38/2003, of March 8, 199/2003, of September 10,

324/2003, of December 27, and 53/2004, of March 18, by the Laws paragraphs 6/2006, of 27

of February, and 53-A/2006, of December 29, by the Decree-Law No. 76-A/2006 of 29 of

March, by Law No. 14/2006, of April 26, and by the Decrees-Leis paragraphs 8/2007, of 17 of

January, 303/2007, of August 24, 34/2008, of February 26, 116/2008, of 4 of

July, and by Law No. 52/2008 of August 28, shall be replaced by the following:

" Article 32.

[...]

1-[...].

2-[...].

3-[ Revoked ].

4-[...].

Article 52.

[...]

1-The certificates extracted from the inventory processes are worth as title

executive, as long as they contain:

a) [...];

b) [...];

c) The content of the decision of the sharing in the party that refers to the same

interested, with the mention that the sharing has been declared by decision

of the conservative or notary, homologated judicially, or by

sentence carried forward on trial;

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d) [...].

2-If the decision of the conservative or notary or the sentence has been

modified in appeal and the modification affects the quota of the person concerned, the

certian reproduces the definitive decision, in the part concerning the same quota.

3-[...].

Article 77.

Inventory and habilitation

1-The court of the place of the opening of the succession shall be competent:

a) For the acts understood in the framework of the general control of the

inventory process, homologation sentence of sharing and other

acts that, in the terms of that process, are the jurisdiction of the judge,

regardless of the registration service or notarial carthorium where

has been submitted the process has been submitted;

b) For the habilitation of one person as a successor by death of another.

2-Opens the succession outside the Country, the following is observed:

a) Having the deceased left goods in Portugal, it is competent for the

habilitation the court of the place of the situation of real estate or the largest

part of them, or, in the lack of real estate, the place where it's most

of the furniture;

b) [...].

3-[ Revoked ].

4-[ Revoked ].

Article 211.

[...]

1-[...].

2-The causes that by law or by dispatching should consider themselves to be dependent

of others are attached to those of which they depend.

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Article 248.

[...]

1-[...].

2-[...].

3-[...].

4-Do not publish advertisements in the sumptiest process and in all cases

of diminishing importance in which the judge considers them to be dispensable.

5-[...].

Article 373.

[...]

1-[...].

2-[...].

3-[...].

4-Havendo inventory, have themselves been enabled as heirlooms the who

have been indicated in the respective application, if all are

cited for the inventory and none has challenged its legitimacy or

that of the others within the statutory deadline or if, there has been impugation, this

has been dismissed as improcedant.

5-Presented certificate of the inventory, by which the facts are proved

nominees, observes what gets laid out in this article.

Article 426.

[...]

1-[ Revoked ].

2-The depositary is the possessor himself or holder of the goods, unless there is

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inconvenient manifest in which they are delivered.

3-[...].

Article 989.

[...]

The provisions of the foregoing Articles shall apply to the collateral that must be provided

by the representatives of unable or absentee, as to the rolled goods or

inventoried, with the following modifications:

a) [...];

b) [...];

c) The assignments of the judge relating to the setting of the value, to the assessment of the

suitability of the surety and the designation of the necessary representations are

exerted by the family council, when this belongs to know

of the surety, or by the conservative or notary, in the processes of

inventory.

Article 1052.

[...]

1-[...].

2-[ Revoked ].

Article 1406.

[...]

1-Rewanting separation of goods pursuant to Art. 825, or having

of proceeding to separation by virtue of the insolvency of one of the spouses,

applies the provisions of the regime of the inventory process as a result

of separation, divorce, declaration of nullity or annulment of marriage,

special law constant, with the following specialities:

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a) The inventory runs through apenso to the process of execution or the

insolvency proceedings;

b) The exequent, in the case of Article 825, or any creditor, in the case of

insolvency, has the right to promote the progress of the inventory;

c) No debts may be approved that are not properly

documented;

d) The spouse of the executed or insolvent has the right to choose the

goods with which there is-from being formed to their meation and, if using that right,

are notified of the choice the creditors, who may complain against

it, substantiating your complaint.

2-[...].

3-When the assessment modifies the value of the goods chosen by the spouse

of the executed or insolvent, the latter may declare that he give up the choice and,

in that case, or not having it used from the right of choice, the meations are

adjudicated by means of draw

Article 1462.

[...]

1-[...].

2-[...].

3-[ Revoked ]. "

Article 79.

Addition to the Code of Civil Procedure

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Articles 249 to 249-C and Article 279-A to the Code of Civil Procedure are adjourned.

approved by Decree-Law No. 44129 of December 28, 1961, with the amendments

introduced by Decree-Law No. 47,690 of May 11, 1967 by Law No 2,140 of 14

of March 1969, by the Decree-Law No. 323/70 of July 11 by the Portaria No. 439/74,

of July 10, by the Decrees-Leis paragraphs 261/75 of May 27, 165/76, of March 1,

201/76, of March 19, 366/76, of May 15, 605/76, of July 24, 738/76, of 16 of

October, 368/77, of September 3, and 533/77, of December 30, by Law No. 21/78, of

May 3, by the Decrees-Leis paragraphs 513-X/79 of December 27, 207/80, of July 1,

457/80, of October 10, and 400/82, of September 23, by Law No. 3/83, of 26 of

February, by the Decrees-Leis paragraphs 242/85, of July 9, 381-A/85, of September 28, and

177/86, of July 2, by Law No. 31/86 of August 29 by the Decrees-Laws 92/88,

of March 17, 321-B/90, of October 15, 211/91, of July 14, 132/93, of 23 of

April, 227/94, of September 8, 39/95, of February 15, 329-A/95, of 12 of

December, 180/96, of September 25, 125/98, of May 12, 268/98, of September 1,

and 315/98, of October 20, by Law No. 3/99 of January 13 by the Decrees-Leis paragraphs

375-A/99, of September 20, and 183/2000, of August 10, by Law No. 30-D/2000 of 20

of December, by the Decrees-Laws paragraphs 272/2001, of October 13, and 323/2001, of 17 of

December, by Law No. 13/2002, of February 19, by the Decrees-Laws 38/2003, of

March 8, 199/2003, of September 10, 324/2003, of December 27, and 53/2004, of

March 18, by the Laws paragraphs 6/2006, of February 27, and 53-A/2006, of December 29,

by Decree-Law No. 76-A/2006 of March 29, by Law No. 14/2006 of April 26, and

by Decrees-Laws paragraphs 8/2007, of January 17, 303/2007, of August 24, 34/2008, of

February 26, 116/2008, of July 4, and by Law No. 52/2008 of August 28, with the

following wording:

" Article 249.

Pre-judicial mediation and suspension of deadlines

1-The parties may, in advance of the submission of any dispute in

court, to resort to mediation systems for the resolution of such disputes.

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2-A The use of the pre-court mediation systems provided for in the portaria of the

member of the Government responsible for the area of Justice suspending deadlines

of expiry and limitation as of the date on which it is requested to

intervention of a mediator.

3-The expiry and limitation periods shall resume from the moment on

that one of the parties refuse to submit or refuse to proceed with the process

of mediation, as well as when the mediator determines the end of the process

of mediation.

4-A lack of agreement and refusal to submission the mediation referred to in the number

previous are proven by the managing entities of the systems envisaged in the

would porterie referred to in paragraph 2.

5-5-A inclusion of the mediation systems in the portaria referred to in paragraph 2

depends on the verification of the suitability of the system as well as the respective

gestures entity.

Article 249-B

Homologation of agreement obtained in pre-court mediation

1-If mediation results in an agreement, the parties may apply for their

homologation by a judge.

2-The application is filed in any court competent to know

of issues of the civil venue, preferably by electronic means, in the

terms to be defined in portaria of the member of the Government responsible for the

area of Justice.

3-A Judicial approval of agreement obtained in pre-court mediation aims at

verification of their compliance with the legislation in force.

4-The application referred to in the preceding paragraph has urgent nature,

decided without a need for prior distribution.

5-In the case of refusal of approval the agreement is returned to the parties

may these, within 10 days, submit a new agreement to

homologation.

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Article 249-C

Confidentiality

Except with regard to the agreement obtained, the content of the sessions of

mediation is confidential, it may not be valued as evidence in court

saved in the event of exceptional circumstances, particularly when it is in

causes the protection of the physical or psychic integrity of third parties.

Article 279-The

Mediation and suspension of instance

1-In any state of the cause, and whenever you understand it convenient, the judge

may determine the shipment of the process for mediation by suspending the

instance, save when the parties expressly object to such shipment.

2-Without prejudice to the provisions of the preceding paragraph, the Parties may, in

set, determine the hold of the instance for the maximum period of 3

months, extended for another 2 months, trying to resolve the dispute by way of the

mediation.

3-A suspension of the instance referred to in the preceding paragraph shall be found,

automatically and without need for court order, with the

communication by any of the parties to the facility to mediation systems.

4-Checking in the mediation the impossibility of agreement, the mediator gives

knowledge to the court of that fact, preferentially by way of

electronic, automatically ceasing and without need of any act

of the judge or the secretary-office, the suspension of the instance.

5-Alchanting agreement in mediation, the same is referred to the court,

preferentially by electronic means, following the terms set out in the law

for the transaction. "

Article 80.

Amendment to the Code of the Predial Register

Articles 39 and 92 of the Code of the Predial Register, approved by the Decree-Law n.

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224/84 of July 6, with the amendments made by the Decrees-Laws 355/85, of

September 2, 60/90, of February 14, 80/92, May 7, 30/93, February 12,

255/93, of July 15, 227/94, of September 8, 267/94, of October 25, 67/96, of

May 31, 375-A/99, of September 20, 533/99, of December 11, 273/2001, of 13

of October, 323/2001, of December 17, and 38/2003, of March 8, by Law n.

6/2006, of February 27 and by the Decrees-Leis paragraphs 263-A/2007 of July 23, and

116/2008, of July 4, shall be replaced by the following:

" Article 39.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-Compete to the Public Prosecutor's Office apply for registration when, in the process of

inventory, to be awarded the unable or absent in an uncertain part any

right on real estate.

Article 92.

[...]

1-Are requested as provisional by nature the following inscriptions:

a ) [...];

b ) [...];

c ) [...];

d ) [...];

and ) [...]

f ) [...];

g ) [...];

h ) [...];

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i ) [...];

j ) From acquisition by sharing in inventory, before the respective sentence

homologation to become definitive;

l ) [...];

m ) [...];

n ) [...];

the ) [...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-[...].

11-[...]. "

Article 81.

Amendment to the Code of Civil Register

Articles 202-A, 202.-B and 210 of the Code of Civil Register, approved by the Decree-Law

no 131/95 of June 6, with the amendments introduced by the Decrees-Laws 224-

A/96, of November 26, 36/97, of January 31, 120/98, May 8, 375-A/99, of

September 20, 228/2001, of August 20, 273/2001, of October 13, 323/2001, of

December 17, 113/2002, of April 20, 194/2003, of August 23, and 53/2004, of 18

of March, by Law No. 29/2007 of August 2 and by the Decree-Law No. 324/2007, 28 of

September, shall be replaced by the following:

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" Article 202.

[...]

1-[...].

2-In cases where an inventory process has been instituted by death

of the registered, mention is made of the fact in the respective seat, by means of

reference quota that identifies the conservatory or notarial carthorium where

the process has been instituted and its number.

Article 202-B

Communications to be carried out by the courts, conservatory and notaries

1-[...].

2-For the purposes of the provisions of paragraph 2 of the preceding article, the conservatory or the

notary communicates to any conservatory of the civil registry,

preferentially by electronic means, the establishment of the process of

inventory.

Article 210.

[...]

1-The conservative of the civil registry shall send to the Public Prosecutor's Office with the

competent court for the tutelar providence or the court of the place of

opening of the succession:

a ) [...]; and

b ) Death row seats washed in the previous month regarding individuals

whose inheritance is dewound to unable or absent in an uncertain part or

to the State.

2-A information provided for in the preceding paragraph may be provided by

provision of access to the data base of the civil registry.

3-For the purposes of the provisions of paragraph 1, the Conservative shall listen to the declarant

of the death, through self-washable immediately after the provision of the

respective statement.

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4-[ Previous Article No 3 ]. "

Article 82.

Addition to the Regime of the National Register of Collective People

They are deferred to the Regime of the National Register of Collective Persons, approved by the

Decree-Law No. 129/98, of May 13 and amended by Decrees-Laws No 12/2001,

of January 25 and No. 323/2001 of December 17, Articles 73-to 73-C with

the following:

" Article 73.

Arbitral tribunal

1-Without prejudice to the possibility of recourse to other mechanisms

dispute resolution extrajudicial cases, arbitral tribunal may be constituted

for the trial of all questions susceptible to reaction

contentious in matters of firings and denominations.

2-Except for the provisions of the preceding paragraph the cases in which there are

against interested, unless these accept the arbitral commitment.

Article 73-B

Arbitral appointment

1-The interested party wishing to make use of arbitration, in the context of disputes

provided for in paragraph 1 of the preceding Article, may apply for the celebration of

arbitral commitment, pursuant to the voluntary arbitration law and to accept

the jurisdiction of the arbitral tribunal.

2-A application submission, under the provisions of the number

previous, suspending the contentious reaction deadlines.

3-Without prejudice to the provisions of the following number, the appointment outoring

arbitral on the part of the IRN, I. P., is the subject of dispatch of its Chairman, the

profer within 30 days, from the date of the submission of the

application.

4-Can be determined the generic binding of the IRN, I. P., to centres of

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institutionalized voluntary arbitration with competence to drive the

conflicts referred to in paragraph 1 of the preceding article by means of porterie of the

member of the Government that tutorates the IRN, I. P., which establishes the type and the

maximum value of the disputes covered, conferring on those interested the power

to address these centres for the resolution of such disputes.

Article 73-C

Constitution and operation

The arbitral tribunal shall be constituted and operate on the terms set out in the law of

voluntary arbitration. "

Article 83.

Amendment to the systematic organization of the Regime of the National Register of

Legal Persons

1-Articles 63 to 73 of Title IV of the Regime of the National Register of People

Collective passes to be included in the new Chapter I, with the epitographer " Feature

hierarchical and Judicial challenge ".

2-Articles 73 to 73 ºC-C deferred by this diploma to the Register Regime

National of Collective People, approved by the Decree-Law No. 129/98, of May 13

and amended by Decrees-Laws No 12/2001 of January 25 and No 323/2001 of 17 of

December, they shall become Chapter II of Title IV, with the epistle " Court

arbitral ".

Article 84.

Application in time

This Law shall not apply to the inventory processes which, at the date of its entry into

vigour, if they find outstanding.

Article 85.

Abrogation standard

They are revoked:

a) The point c ) of Article 2085 (1) and (i) c ) of Article 2086 (1) of the

Civil Code;

b) Article 32 (3), Article 77 (3) and (77), Article 426 (1), para. 2

of Article 1052, Articles 1108, 1109, 1326 to 1405, and 3 (3)

article 1462 of the Code of Civil Procedure;

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c) Paragraphs 3 and 4 of Article 77, Article 426 (1), Article 1052 (2) and the

n Article 1462 (3) of the Code of Civil Procedure;

d) Article 15 of the Decree-Law No. 594/74 of November 7.

Article 86.

Entry into force

1-A This Law shall come into force on the January 18, 2010.

2-The Articles 249 to 249.-C and Article 279 of the Code of Civil Procedure, postponed

by this Law, come into force on the day following that of their publication.

3-Articles 73 to 73.-C of the Regime of the National Register of Collective People,

adjourned by this Law, they come into force on the day following that of their publication.

Seen and approved in Council of October 9, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs