CHAIR OF THE COUNCIL OF MINISTERS

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Proposal for Law No. 6/XI/1.

Exhibition of Motives

The Act No. 29/2009 of June 29 approved the Legal Regime of the Inventory Process and

has amended the Civil Code, the Code of Civil Procedure, the Code of the Predial Register and the

Code of the Civil Register, in the fulfillment of the decongestment measures of the

tribunals provided for in the Resolution of the Council of Ministers No. 172/2007, 6 of

November, the Regime of the National Register of Collective Persons, proceeding to

transposition of Directive No 2008 /52/CE, of the Parliament and of the Council of March 21,

and amended the Decree-Law No. 594/74 of November 7.

This Law aims to simplify the inventory process by making it more Celere and incentivise to

use of mediation as a way of resolving conflicts by agreement between the parties, with the

aid from a mediator.

First, it simplifies the inventory process by going through the tramway of this

process to be fit for conservatives and notarial offices, thus contributing to

decongestate the courts and make the inventory process more Celere.

In any case, it is always ensured the general control of the case by the judge, who can

decide and practice all acts that understand convenient.

Second, this Law encourages recourse to mediation as a means that makes it possible to

resolution of disputes by agreement between the parties, transposing a Community Directive

on the matter.

CHAIR OF THE COUNCIL OF MINISTERS

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Law No. 29/2009 of June 29 laid down the entry into force of the new scheme for the day 18

of January 2010, with the exception of the amendments made to Articles 249 to 249.-C

and 279.-A of the Code of Civil Procedure, and Articles 73 to 73.-C of the Regime of the Register

National of Collective People, which came into force the day after that of the publication.

However, the effectivation of such changes presupposes the drafting and publication of standards

of execution, which requires the clearance of options and the prior study and preparation of

services and agents responsible for the assignments that this Law confers on them, which does not

has occurred so far in the face of the vicissitudes election and the change of Government.

The adoption of normative, material and human instruments for the realization of the

solutions contained in Law No. 29/2009 of June 29, makes pressing the need for

postpone in six months the entry into force of the Legal Regime of the Inventory Process.

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:

Article 1.

Amendment to Law No. 29/2009 of June 29

Article 87 of Law No 29/2009 of June 29 is replaced by the following:

" Article 87.

[...]

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

2-[...].

3-[...]. "

CHAIR OF THE COUNCIL OF MINISTERS

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Article 2.

Production of effects

This Law shall produce effect on January 18, 2010.

Article 3.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of December 17, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs