The First Amendment To Law No. 29/2009, Of 29 June, That You Approve Of The Legal Regime Of The Inventory Process And Amending The Civil Code, The Code Of Civil Procedure, The Code Of The Land Register And The Civil Registration Code, In Compliance Wit...
Original Language Title: Procede à primeira alteração à Lei n.º 29/2009, de 29 de Junho, que ¿Aprova o Regime Jurídico do Processo de Inventário e altera o Código Civil, o Código de Processo Civil, o Código do Registo Predial e o Código do Registo Civil, no cumprimento das medida
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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law n. º 6/XI/1st explanatory memorandum to the law No. 29/2009, of 29 June, approved the legal framework of the inventory Process and amended the Civil Code, the code of Civil procedure, the code of the land register and the Civil registration code, in compliance with decongestion of Court provided for in the Council of Ministers Resolution No. 172/2007 , November 6, the Regime of the national register of legal persons, the transposition of Directive 2008/52/EC of the European Parliament and of the Council of 21 March, and amended Decree-Law No. 594/74 of 7 November. This law aims to simplify the process of inventory making it more quickly and encourage the use of mediation as a means to resolve conflicts by agreement between the parties, with the assistance of a mediator. First, it simplifies the process of inventory, passing the course of this process to fit the protective measures and the notarial offices, thus contributing to decongest the courts and make the process faster inventory. Anyway, it is always ensured the General control of the case by the judge, who can decide and perform all the acts to understand. Secondly, this law encourages the use of mediation as a means that enables the resolution of disputes by agreement between the parties, transposing a European directive on the matter.
PRESIDENCY of the COUNCIL of MINISTERS 2 Law No. 29/2009, of 29 June, fixed the entry into force of the new regime for the day 18 of January 2010, with the exception of the amendments made to articles 249-the 249-C and 279 of the code of Civil procedure, and to articles 73 to the 73 C of the national register of legal persons , which entered into force on the day following that of publication. However, the implementation of these changes requires the elaboration and publication of the implementing rules, which requires the establishment of options and the previous study and preparation of services and agents responsible for assignments that this law confers, which has not occurred so far with regard to electoral vicissitudes and the change of Government. The adoption of normative instruments, materials and human resources for the implementation of the solutions contained in law No. 29/2009, of 29 June, makes urgent the need to postpone in six months of the entry into force of the Legal Regime of the inventory Process. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to law No. 29/2009, of 29 June article 87 of the law No. 29/2009, of 29 June, is replaced by the following: ' article 87(1) [...] 1. this law shall enter into force on the day July 18 2010. 2 - […]. 3 - […].»
PRESIDENCY of the COUNCIL of MINISTERS 3 article 2 the effect this Act shall take effect January 18 2010. Article 3 entry into force this law shall enter into force on the day following that of its publication.
Seen and approved by the Council of Ministers of 17 December 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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