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Proposal for Law No 105 /XII

PL 466/2012

2012.10.18

Exhibition of reasons

The Memorandum of Understanding on Economic Policy Conditionalities,

concluded between the Portuguese Republic and the European Central Bank, the European Union and the

International Monetary Fund, in the framework of the financial aid program to Portugal,

provides for the enhancement of the use of existing extrajudicial processes for shares of sharing

of inherited real estate.

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

assigning to the records services, to be designated by porterie of the member of the Government

responsible for the area of justice, and the notarial offices the competence for the realization

of the representations of the inventory process, and reserving the judge for the general control of the

process. By this way it was intended, on the one hand, to disjudicialize the inventory process,

ascribe to conservatives and notaries the competence for the practice of the various acts and, by

other side, assign the judge the general power of control of the process. In addition, the Law

n. 29/2009 of June 29, introduced various amendments to the Civil Code, approved by the

Decree-Law No. 47344 of November 25, 1966, in the Code of Civil Procedure,

approved by Decree-Law 44129 of December 28, 1961, in the Code of the Register

Predial, approved by the Decree-Law No. 224/84 of July 6 and in the Code of the Civil Register,

approved by the Decree-Law No. 131/95 of June 6 and in the Regime of the National Register of

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

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It turns out that Law No. 29/2009 of June 29 on the part concerning the process of

inventory, never came to produce effects, having Law No. 1/2010 of January 15,

changed the initial term of entry into force of the diploma (January 18, 2010) for the day

July 18, 2010 and the Law No. 44/2010 of September 3, made conditional on the production of

effects of the diploma of the publication of the office of the member of the Government responsible for the area

of the justice that proceeded to the designation of the records services, which never came to succeed.

With the exception of Articles 79 and 85 and paragraphs 2 and 3 of Article 87, the content of which no

respects the regime of the inventory, the standards set out in the legal regime of the process of

inventory and the legislative changes approved by Law No. 29/2009 of June 29, no

have thus arrived to produce effects.

It is added that the allocation to the services of records of the competence for the processing of the

acts and terms of the inventory process, provided for in Law No 29/2009 of June 29,

shows disconforming with the intention of the nineteenth Constitutional Government, namely

with the planned in the respective Government Programme in regulation of the

forensic activities.

This Law approves the Legal Regime of the Inventory Process and, consequently,

changes some provisions of the Civil Code, approved by the Decree-Law No. 47344, of 25 of

November 1966, of the Code of the Predial Register, approved by the Decree-Law No. 224/84,

of July 6, of the Code of the Civil Register, approved by the Decree-Law No. 131/95, of 6 of

June, proceeding further to the repeal of some rules of the Code of Civil Procedure,

approved by the Decree-Law No. 44129 of December 28, 1961, the duration of which, in face

of the new legal regime, it cefies to be justified.

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In respect of Law No. 9/2009 of June 29, the Legal Regime of the Process of

Inventory approved by this Law contemplates various changes in respect of

apportionment of skills for the practice of acts and terms of the inventory process,

creating a mitigated system, in which the competence for the processing of the acts and

terms of the inventory process is attributed to the notarial caries, without prejudice to the

issues that, attentive to their nature or the complexity of the matter of fact and law, do not

should be decided in the inventory process, be decided by the judge of the court of

comarca of the notarial carthorium where the process was presented.

This bill is found to be in accordance with the nineteenth Government's programme

Constitutional, more concretely with the intention to define the essential core of

competencies belonging to each professional activity, so as to enable a greater

taking advantage of the knowledge acquired over the times.

First, it understands the Government that the services of records, as the own

designation indicates, should focus essentially on the practice of acts of records and the

too much related acts with those.

Consequently, the Legal Regime of the Inventory Process approved by the present

law ascribe the competence for the processing of the acts and terms of the process of

inventory to the notarial caries based in the municipality of the place of the opening of the succession,

avoiding, in this way, that the inventory process runs terms in notarial carthorium

that does not have any connection to the death or the heirlooms.

Second, it understands the Government that the control of the process by the judge does not

can be properly exercised when the latter has no direct contact with the process and

with the parties. The award to the judge of a mere control power of the process does not allow

achieve the intended goals, since soon because the judge is not even aware

of the existence of the process.

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Having this present, the Legal Regime of the Inventory Process approved by the present

law creates a mitigated system in which the competence for the processing of the acts and terms

of the inventory process is attributed to the notarial offices, without prejudice to the issues

that, attentive to their nature or the complexity of the matter of fact and law, should not

be decided in the inventory process, be decided by the judge of the court of the comarch

of the notarial carthorium where the process was presented.

On the other hand, the Legal Regime of the Inventory Process approved by this Law

contemplates changes in the matter of representation of incapable and absent in part

uncertain and still with regard to the competence of the Public Prosecutor's Office within the framework of the procedure

of inventory.

In effect, when the inheritance is dewound to incapable or absent in part uncertain,

it is established that the respect for representation must be guaranteed by those who exercise the

parental responsibilities, by the tutor or the curator, depending on the cases, and that to the

Prosecutor's Office competes to order the necessary representations to ensure the rights and

interests of the Public Farm.

Finally, in the Legal Regime of the Inventory Process approved by this Law to

presentation of the initial application, the possible opposition, as well as all acts

subsequent, namely the sending to the prosecutor's office to the court of the comarch

of the notarial carthorium where the process has been presented of all the elements and terms of the

process that relies on the Public Farm, it passes on, where possible, where possible,

by means of electronic means on site in the Internet .

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The Higher Council of the Magistrature was heard, the Higher Council of the Ministry

Public, the Superior Council of Administrative and Fiscal Tribunals, of the Order of

Notaries, the Sindical Association of Portuguese Judges, the Trade Union Association of

Conservatives of the Registries and the Sindical Association of the Officers of the Registered and the

Notariat.

The hearing of the Order of Lawyers, of the House of Solicitors, was promoted.

Syndicate of the Magistrates of the Public Prosecutor's Office, of the Union of Judicial Officers,

of the Union of Officers of Justice, the Association of Justice Officers, the Union of the

Workers of the Registered and Notariat of the South Zone and Islands and of the Union of the

Workers of the Registered and Notariat of the North Region.

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.

Object

This Law approves the Legal Regime of the Inventory Process, amend the Civil Code,

approved by the Decree-Law No. 47344 of November 25, 1966, the Code of the Register

Predial, approved by the Decree-Law No. 224/84 of July 6, and the Code of the Civil Register,

approved by Decree-Law No. 131/95 of June 6.

Article 2.

Approval of the Legal Regime of the Inventory Process

It is hereby approved, in annex to this Act, the Legal Regime of the Inventory Process, which

of it is an integral part.

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Article 3.

Amendment to the Civil Code

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

by Decree-Law No. 47344 of November 25, 1966, they pass the following essay:

" Article 1770.

[...]

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

may soon be made in the notarial offices, and, in any other case, by

medium of inventory, in the terms provided for in special law.

Article 2053.

[...]

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.

[...]

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By agreement of all interested persons can surrender the administration of the

inheritance and the exercise of the head-of-the-couple functions to any other person.

Article 2085.

[...]

1-[...]:

a) [...];

b) [...];

c) [ Repealed ];

d) [...].

2-[...].

Article 2086.

[...]

1-[...]:

a) [...];

b) [...];

c) If it has not complied in the inventory the duties that the law imposes on it;

d) [...].

2-It has legitimacy to ask for the removal any interested.

Article 2102.

[...]

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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 by agreement. "

Article 4.

Amendment to the Code of the Predial Register

Articles 39 and 92 of the Code of the Predial Register, approved by the Decree-Law No 224/84,

of July 6, passes to have the following essay:

" Article 39.

1-[...]

2-[...]

3-[...]

4-[...]

5-Compete for the respective legal representative or the Public Prosecutor's Office

apply for registration when, in the process of inventory, you are awarded the incapable

or absent in an uncertain part any right on real estate.

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Article 92.

[...]

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

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

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

homologation to become definitive;

l) [...];

m) [...];

n) [...];

o) [...].

2-[...].

3-[...].

4-[...].

5-[...].

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6-[...].

7-[...].

8-[...].

9-[...].

10-[...].

11-[...]. "

Article 5.

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

n. 131/95 of June 6, they shall pass the following essay:

" 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 respect seat, by means of quota

of reference that identifies the notarial carthorium where the process was

instituted and their number.

Article 202-B

Communications to be carried out by the courts and notaries

1-[...]

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2-For the purposes of the provisions of paragraph 2 of the preceding article, the notary communicates to

any conservatory of the civil registry, preferentially by way of

electronics, the introduction of the inventory process.

Article 210.

[...]

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

competent court for tutelar providence or for the purposes of

provided for in the legal regime of the inventory process:

a) [...];

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

respects statement.

4-[ Previous Article No 3 ]. "

Article 6.

Abrogation standard

1-It is repealed Law No. 29/2009 of June 29, with the exception of the provisions of the Articles

79, 82 and 85 and in Article 87 (2) and (3).

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2-Are repealed Article 32 (3), Articles 52 and 77, Rule 248 (4), para. 4

of Article 373, Article 426 (1), Article 1052 (2), Articles 1108, 1109,

1326 to 1392, 1395, 1396, 1405, and 1406 (3) and Article 1462 (3), all

of the Code of Civil Procedure.

Article 7.

Application in time

The Legal Regime of the Inventory Process, which is approved in annex to this Law, and the

amendments made by this Act to the Civil Code, passed by the Decree-Law

n 47344 of November 25, 1966, to the Code of the Predial Register, approved by the

Decree-Law No. 224/84 of July 6 and the Code of Civil Register, approved by the

Decree-Law No. 131/95 of June 6, do not apply to the inventory processes that, to

date of entry into force of this Law, if they find outstanding.

Article 8.

Entry into force

This Law shall come into force on the 1. working day of the month of September 2013.

Seen and approved in Council of Ministers of October 18, 2012

The Prime Minister

The Minister of Parliamentary Affairs

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ANNEX

Legal Regime of the Inventory Process

CHAPTER I

General provisions

Article 1.

Object

This Law establishes the legal regime of the inventory process.

Article 2.

Function of the inventory

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

careening of whether to carry out the sharing, to relate the goods that constitute the object of

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

2-To the inventory intended for the realization of the purposes set out in the second part of the number

previous shall apply to the provisions of this Law, with the necessary adaptations.

3-It may still be the inventory to be intended, in the terms provided for in Articles 77 to 79, to

sharing consequent to the extinction of the communion of goods between the spouses.

Article 3.

Competency of the notarial and court office

1-Compete to the notarial caries based in the municipality of the place of the opening of the succession

effecting the processing of the acts and terms of the inventory process and the habilitation of

one person as a successor by death of another.

2-In the event of the impediment of notaries of a notarial office, it is competent

of the other notarial caries based in the municipality of the place of the opening of the succession.

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3-There is no notarial careal in the municipality to which the previous figures are referred to

competent any carthorium of one of the confining municipalities.

4-The notary competes in directing all the representations of the inventory process and the

habilitation of one person as a successor by death of another, without prejudice to the cases

in which the interested are referred to the common judicial means.

5-Opens the succession outside the country, the following is observed:

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

notarial office of the municipality of the situation of real estate or most of them,

or, in the absence of real estate, from the municipality where the bulk of the furniture is;

b) By not having the deceased left goods in Portugal, it is competent for habilitation

the notarial carthorium of the domicile of the habilitating.

6-In case of inventory as a result of separation, divorce, declaration of nullity

or annulment of marriage, is competent the notarial carthorium based in the municipality of the

place of the family home or, in the absence of this, the competent notarial office in the

terms of the point a) of the previous number.

7-Compete to the court of the comarch of the notarial carthorium where the proceedings were filed

practise the acts which, under the present law, are the jurisdiction of the judge.

Article 4.

Legitimacy to apply for or intervene in inventory

1-Have legitimacy to require that you undertake inventory and for it to intervene,

as main parts, in all acts and terms of the process:

a) The direct stakeholders in the sharing;

b) Who exercises parental responsibilities, the tutor or the curator, depending on the

cases, when inheritance is dewound to unable or absent in an uncertain part.

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2-Existing legitimated heirlooms, the lessees and the donators are admitted to intervene

in all acts, terms and representations that are susceptible to influencing in calculation or determination

of the legitimate and imply eventual reduction of the liberalities ' respective respects.

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

verification and satisfaction of your rights.

Article 5.

Competence of the Public Ministry

1-The notary refers to the prosecutor's office to the court of the careerist comarch

notarial where the process was presented, by means of electronica, all elements and

terms of the process that relies on the Public Farm.

2-Compete to the Public Prosecutor's Office to order the necessary representations to ensure the

rights and interests of the Public Farm.

Article 6.

Delivery of documents, citations and notifications

1-A presentation of the requirement of the inventory, the possible opposition, as well as of

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

electronically on site in the Internet , pursuant to the regular by porterie of the member of the

Government responsible for the area of justice.

2-The citations and notifications to those interested in the inventory, or mandated respects

judicial, for the acts and terms of the process for which they are legitimized, in the terms of the

previous article, and of the decisions that respect them, are effected under the Code

of Civil Procedure.

3-The quotes and notifications, which should be effected by personal contact, take effect

by execution agent appointed by the head-of-the-couple.

Article 7.

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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 compete several unable represented by the same

representative.

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

by special curator.

3-Fishing the process, the goods awarded to the absentee that are lacking in administration are

delivered to the appointed curator, which stands, in relation to the delivered goods, with the rights

and duties of the provisional curator, ceasing the administration as soon as it is dewound to

curatorship.

4-A The appointment of special curator is the competence of the notary, applying with the

necessary adaptations, the provisions of the Code Civil Procedure on this appointment.

Article 8.

Jurisdiction with respect to the collateral in favour of incapable

It is incumbent upon the notary to set the value of the surety, the appreciation of its suitability of the surety

and the designation of the necessary representations for their effectivation, whenever they judge

necessary for your provision.

Article 9.

Main intervention

1-It is admitted, until the preparatory conference, the main intervention deduction

spontaneous or provoked relatively to any direct interested in the sharing.

2-The head-of-the-couple and too much interested are notified to respond, following the

provisions of Articles 30 and 31.

3-The interested party admitted to intervene applies to the provisions of Article 29 (2).

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4-A deduction of the incident suspending the proceeding of the proceeding from the time in

that the conference of stakeholders should be convened.

Article 10.

Intervention of other stakeholders

1-The legitimated inheritors, the lessees and the donators who have not been

initially cited for the inventory can deduce intervention in the process and in it

to exercise the activity so that they are legitimized, in accordance with Article 4 (2),

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

2-Asset holders of inheritance charges may claim their rights until the

preparatory conference, even if these were not related by the head-

of-couple.

3-Even if they do not claim their rights, the active holders of inheritance charges do not

are uninhibited from demanding payment by the common judicial means, even if they have

been cited for the process.

Article 11.

Habilitation

1-If you fail any direct interested in the sharing before you complete the inventory, the

head-of-the-couple indicates the successors of the deceased, by joining the necessary documents,

notifying themselves of the indication to the others concerned and quoting themselves for the inventory as

persons indicated.

2-A The legitimacy of the successors indicated by the head-of-the-couple can be impugned wants

by the cited, whether by the other Notified Persons, pursuant to Articles 30 and

31.

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

the eventually pretermed successors deduct their own habilitation.

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4-The said applies to the provisions of Article 29 (2), as of the time of

verification of the death of the person concerned to which they succeed.

5-Can still the successors of the deceased person apply for the habilitation respect,

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

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

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

in the previous number, with the necessary adaptations.

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

subject to the burden of reduction, it is done in the general terms.

Article 12.

Exercise of the right of preference

1-A preference in the disposal of hereditary quinons of those interested in sharing may

be exercised incidentally in the inventory process, save if it involves the resolution of

issues of fact whose complexity proves to be incompatible with the tramway of that

process.

2-Presenting yourself to prefer more than one interested, the well object of alienation is

awarded to all, in the proportion of their quotas.

3-The incident suspending the terms of the process from the time it was supposed to be

convened the conference of stakeholders.

4-The non-exercise of the preference in the inventory does not pursue the right to intry action of

preference, 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.

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6-A suspension should not be ordered whenever there are founded reasons to believe that the

preference action was intentioned solely for the purpose of obtaining suspension or

if the dependent cause is so in advance that the damage of the suspension outweighs the

advantages.

Article 13.

Mandatory constitution of lawyer

The constitution of attorney in the inventory process is mandatory in the value processes

superior to the remit of the Court of Relation or whenever they are aroused or discussed

issues of law, as well as in the case of appeal of decisions rendered therein.

Article 14.

Tramping of inventory incidents

1-In the application in which the incident and the opposition is inferred from it,

should the parties offer the rol of witnesses and apply for the other means of proof.

2-A Opposition is deducted within 10 days.

3-A The lack of opposition within the legal period determines, as to the matter of the incident, the production

of the cominatory effect pursuant to the general and common provisions.

Article 15.

Limit of the number of testimonies-Registration of affidavits

1-A part of it cannot indicate more than five witnesses.

2-The affidavits provided in advance by the witnesses are recorded.

3-Revelating impossible to write, the deposition is reduced to writing, with the essay

dictated by the notary, and may the parties or their mandators make the claims that

understand timely and compete with the testimonient, after reading the text, confirm your

testimony or ask for the necessary rectifications.

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4-The testimonials produced in incidents that should not be instructed and decided

jointly with the matter of the inventory are engraved if, behaving the decision to

profer in the incident ordinary resource, some of the parties have required the recording.

5-The application provided for in the preceding paragraph shall be submitted jointly with the

application and opposition to which it rents out the previous article.

6-Finda the production of the evidence, the notary sets out the relevant questions for the decision of the

incident.

Article 16.

Shipment of the process to the common means

1-The notary determines the suspension of the tramping of the process whenever, pending

of the inventory, if they suss out questions that, attentive to their nature or the complexity of the

matter of fact and law, should not be decided in the process of inventory,

referring the parties to the common judicial means until a definite decision occurs,

for what identifies the contested issues, justifiably justifying it

complexity.

2-The notary may still order suspension of the inventory process, specifically

when it is pending cause injurious in which some of the issues to which it is debuncated

refers to the preceding paragraph, applying the provisions of Article 12 (6).

3-A remittance to the common judicial means provided for in paragraph 1 may take place

application by any interested.

4-From the decision of the notary to dismiss the request for the remittance of the parties to the means

common judicial shall appeal to the competent court, within 15 days of

of the notification of the decision, which shall include the appellant's claim.

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5-The resource provided in the preceding paragraph rises immediately and has suspensive effect,

applying for the regime of liability for litigation of bad faith provided for in the Code of

Civil Process.

6-The notary may authorize, the application of the main parts, the continuation of the

inventory with a view to sharing, subject to further change, in accordance with the

which comes to be decided, when:

a) It occurs unjustified delay in the purposeful or trial of the harmful cause;

b) The feasibility of the injurious cause appears reduced; or

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

achievement as provisional.

7-Realized the sharing in the terms of the preceding paragraph, the acts provided for in the

article 68, concerning the delivery to the persons concerned of the goods that have coured them.

8-Havendo interested nascent, the inventory is suspended from the time when the

conference of stakeholders should have been convened until the birth of the

interested.

Article 17.

Issues definitely resolved in the inventory

1-Without prejudice to the Public Prosecutors ' own powers, they consider themselves

definitely resolved the issues that, in the inventory, are decided in the confrontation

of the head-of-a-couple or of the remaining interested parties to which they rent Article 4, provided that

have been regularly admitted to intervene in the procedure preceding the decision,

unless it is expressly resaved the right to the competent actions.

2-Only the provisional resolution is admissible, or the remittance of those interested to the means

common judicial cases, when the complexity of the de facto matter underlying the issue a

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drive makes inconvenience the incidental decision in the inventory, by means of the reduction

of the guarantees of the parties.

Article 18.

Cumulation of inventories

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

a) Be the same as the people by whom the goods have to be rebroken;

b) If it deals with inheritances left by the two spouses;

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

2-In the case referred to in paragraph c) of the previous number:

a) If dependence is total, for there being no one of the shares, other goods to

award in addition to those that the inventoried have to be assigned in the other, the

cumulation cannot fail to be allowed to be admitted;

b) If the dependence is partial, for there being other goods, the notary may dismiss the

cumulation when the same appears inconvenient for the interests of the parties

or for the good plotting of the process.

Article 19.

Archiving of the process

1-If the process is stopped for more than one month by negligence of the interested

in furthering its terms, the notary immediately notifies those concerned for that

these practise the missing acts within 10 days.

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2-If the interested parties do not practise the missing acts or do not justifiably justify it

your omission, the notary determines the filing of the process, unless you can practice

the acts officiously.

Article 20.

Enforceability of the certificates extracted from the inventories

1-The certificates extracted from the inventory processes are worth as an executive title, since

containing:

a) The identification of the inventory by the designation of the inventoried and the inventor;

b) The indication that the interested respect has in the process the position of heir

or tenant;

c) The content of the decision of the sharing in the party that refers to the same person concerned, with the

mention that the sharing has been declared by decision of the notary, homologated

judicially;

d) The relationship of the goods that are pointed out, from among those that have been fit to the

applicant.

2-If the decision of the notary has been modified in appeal and the modification affects the quota

of the person concerned, the certificate reproduces the definitive decision, in the part concerning the same

quota.

3-If the certificate is intended to prove the existence of a credit, it only contains, in addition to the

requirement set out in paragraph a) of paragraph 1, the constant of the process regarding the approval

or acknowledgement of the credit and form of your payment.

CHAPTER II

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From the inventory process

SECTION I

From the initial application and the statements of the head-of-the-couple

Article 21.

Initial application

1-The applicant of the inventory intended to put an end to the hereditary communion together

document proving the death of the author of the succession and indicates who, in the terms of the

civil law, shall exercise the functions of the head-of-the-couple.

2-The model of the inventory requirement is approved by the member of the member of the

Government responsible for the area of justice.

Article 22.

Appointment, replacement, escusa or removal of the head-of-the-couple

1-To designate the head-of-the-couple, the notary can harvest the necessary information, and if,

by the statements of the designated person, check that the charge competes to be heard,

defere it to whom couber.

2-The head-of-a-couple can be replaced at all time, by agreement of all the

interested in the sharing.

3-A replacement, the escusa and the removal of the designated head-of-the-couple constitute

incidents of the inventory process.

4-Being impugned the legitimacy of the head-of-the-couple, or required to escuses or the removal

of this, proceeds the inventory with the designated head-of-the-couple, until decided the

incident.

Article 23.

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Head of couple

To the head-of-the-couple it is incumbent to provide the necessary elements for the further

inventory.

Article 24.

Statements of the head-of-couple

1-When being quoted, the head-of-couple is cautioned from the scope of the statements it must provide

and of the documents it is incumbent upon you to join

2-Present the commitment of honour of the good performance of its function, the head-of-

couple provides statements, which may delegate to the judicial representative, in which he / she must

record:

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;

c) Who exercises parental responsibilities, guardian or curatorship, when the

inheritance is dewound to unable or absent in part uncertain, as well as of the

tenants, creditors of the inheritance and, if there are legitimated inheritors, of the tenants,

with an indication of the current residential and workplaces ' respective residences;

d) All the more necessary to the development of the process.

3-In the act of statements, the head-of-couple presents the wills, conventions

antenna, donation scriptures and perfilhation certificates that show necessary,

as well as the ratio of all the goods that are to appear in the inventory, albeit to their

administration does not belong to you.

4-Not being in a position to present all the required elements, the head-of-the-couple

justifies the lack and is justifying the granting of the time limit for providing them, justitably.

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5-Are deemed to be enabled as such the heirs that have been indicated by the

head-of-couple, provided that:

a) All heirs have been cited for the inventory; and

b) No heir has impugned his legitimacy or that of others

heirs on the legally fixed term or if, there has been impugation, this

has been dismissed as improcedant.

6-Case be presented certificate of the inventory, by which the facts indicated,

it is observed the provisions of this article.

Article 25.

Relation of goods

1-The goods that integrate inheritance are specified in the relationship by means of monies,

subject to one numbering only, by the following order: credit rights, credit securities,

money, foreign currencies, objects of gold, silver and precious stones and the like,

other mobile stuff and real estate.

2-The debts are related separately, subject to own numbering.

3-A The mention of the goods is accompanied by the necessary elements to their identification and to the

clearance of your legal situation.

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

be of small 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.

6-Blessings effected by third parties in building of the inheritance are described as debts,

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

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7-The head-of-a-couple is appointed as a depositary in relation to the rolled goods.

Article 26.

Indication of value

1-In addition to relating them, the head-of-the-couple indicates the value it assigns to each of the goods.

2-The value of the buildings inscribed in the matrix is the respect matrix value, owing the head-

of-couple present the respectful certificate.

3-Are mentioned as illiquid goods:

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

determine;

b) The social parts in societies whose dissolution is determined by the death of the

inventoried, as long as the liquidation respect is not completed, mentioning-

if, in the meantime, the value they had second the last balance sheet.

Article 27.

Relating the goods that do not find themselves in power of the head-of-the-couple

1-If the head-of-couple declarates that it is unable to relate some goods that

are in the power of another person, it is this notified to, within the designated time limit, provide the

access to such goods and provide the necessary elements to the inclusion in the relationship of

goods.

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

it is observed, with the necessary adaptations, the provisions of Article 35 (3).

3-If the notified does not comply with the duty of collaboration that it is up to you, may the notary

order the necessary representations, including the seizure of the goods.

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4-For the realization of the diligence of seizure of the goods the notary may request

directly the aid of the police entities, applying, with the necessary

adaptations, the provisions of Article 840 (5) of the Code of Civil Procedure.

5-A seizure of the goods can only be made by the time indispensable to its inclusion in the

relation of goods and shall observe the provisions of the Code of Civil Procedure in respect of

protection of the domicile.

SECTION II

From citations and notifications

Article 28.

Citation and notification of the interested

1-When the process should proceed, they are cited for their terms those interested

direct in-sharing, who exercises parental responsibilities, guardian or curatorship,

when the succession is dewound to incapable or absent in an uncertain part, the lessees,

the creditors of the inheritance and, if there are legitimated inheritors, the donators.

2-The applicant of the inventory and the head-of-the-couple are notified of the order which orders

the citations.

Article 29.

Way of effecting the citations

1-The expedient to refer to the citands shall include copy of the statements provided by the

head-of-a-couple, being the same adverts as the scope of their intervention, in the terms

of Article 4, and of the faculty of deducting opposition or imputation, in the terms of the articles

following.

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

the comination of which, if nothing requires within 15 days, the process considers itself

ratified.

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3-Within the period referred to in the preceding paragraph, the cited shall be admitted to exercise the rights which

compete, nullifying what is indispensable.

SECTION III

From the oppositions

Article 30.

Opposition and impugations

1-In the 20 days from the citation, the direct stakeholders in the sharing and who exercises the

parental responsibilities, guardian or curatorship, when they have been cited,

can:

a) Deduct opposition to the inventory;

b) To challenge the legitimacy of those concerned or to claim the existence of

others;

c) Challenge the competence of the head-of-the-couple or the constant indications of the

your statements; or

d) Invoke any dilatory exceptions.

2-Faculties provided for in the preceding paragraph may also be exerted by the head-

of-couple and by the applicant of the inventory, counting the time limit for their exercise of the

notification of the order ordering the citations.

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

deduce impugation regarding the issues that may affect your rights.

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Article 31.

Subsequent tramping

1-Deduced opposition or challenge, under the terms of the previous article, are notified the

interested with legitimacy to intervene in the question raised to answer, in 15

days.

2-The evidence is indicated with the applications and responses.

3-carried out the necessary probatory representations, required by the interested or

determined officiously, the notary decides the issue.

Article 32.

Complaint against the relationship of goods

1-Presented the relationship of goods, all those interested may, within the time limit set out in paragraph 1

of Article 30, complain against it:

a) Accusing the lack of goods that should be related;

b) Requiring the exclusion of unduly related goods, for not making

part of the acquis to be divided; or

c) Arguing for any inaccuracy in the description of the goods, which releases to the sharing.

2-Interested parties are notified of the presentation of the relation of goods, by sending them

copy of the same.

3-When the head-of-the-couple presents the relation of goods when providing their statements, the

notification provided for in the preceding paragraph takes place jointly with the citations for the

inventory.

4-In the case provided for in the preceding paragraph, those interested may exercise, within the period of

opposition, the faculties provided for in paragraph 1.

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5-Claims against the relationship of goods may still be lodged until the beginning of the

preparatory hearing, being the claimant convicted in a fine, except demonstrating

that it was unable to offer at the time of its own, as a matter of fact that it is not attributable to it.

Article 33.

Achievement of the evaluation

1-With the opposition to the inventory may any interested contest the indicated value

by the head-of-the-couple for each of the goods, offering the value that appears to you

suitable.

2-Having been challenged the values of the goods, the respect assessment is effected by a

sole expert, appointed by the notary, applying, with the necessary adaptations, the

provisions of the Code of Civil Procedure as to the expert evidence.

Article 34.

Applications for the award of goods

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

compropriate, exceeding its share half of the respect value and merging its

right in title that excludes it from inventory or, by no legitimation inheritors, in

donation or legacy of the author of the inheritance, the concerned concerned may apply for the party to

related to it being awarded.

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 deducted in the

preparative conference and are subject to the limits set for that

form of alienation.

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4-The remaining interested parties are heard on the issues of indivisibility or

of the possible injury caused by the division, and any of the interested may require

that proceed to the evaluation.

SECTION IV

From the answers of the head-of-couple

Article 35.

Responses of the head-of-couple

1-When it is deducted claim against the relation of goods, it is the head-of-the-couple

notified to, within 10 days, relate the missing goods or say what to

offer on the subject matter of the complaint.

2-If confessing to the existence of the goods whose lack has been invoked, the head-of-the-couple proceeds

immediately, or within the time limit granted to it, to the addition of the relationship of goods

initially submitted, notifying the remaining stakeholders of the modification

checked out.

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

interested with legitimacy to speak out, within 15 days, applying

the provisions of Article 31 (2) and deciding the notary of the existence of goods and of the

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

4-A The existence of evactment of goods, under civil law, is jointly appreciated

with the invocation of the lack of related goods, applying, when proven, the sanction

civil that is showing appropriate, without prejudice to the provisions of Article 17 (2).

5-Oral changes and additions are always introduced in the relation of goods

initially presented.

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6-The provisions of this Article shall apply, with the necessary adaptations, to cases in

that the third party arrows from the entitlement of related goods and requires its exclusion from the

inventory.

Article 36.

Insufficiency of the evidence to decide the complaints

1-When the complexity of the matter of fact or law makes it inconvenient, in the

terms of article 16 (2), the incidental decision of the claims provided for in the article

previous, the notary refrains from deciding and refers those interested to the judicial means

common.

2-In the case provided for in the preceding paragraph, the goods whose lack is not included in the inventory

has charged itself and remain related to those whose exclusion has applied for.

3-Can still the notary, on the basis of a summary appreciation of the evidence produced, defer

provisionally the complaints, with the proviso of the right to the competent actions, in the

terms provided for in Article 17 (2).

SECTION V

Of the debts

Article 37.

Denial of active debts

1-If an active debt, related by the head-of-the-couple, is denied by the debtor's claim,

complies with the provisions of Article 32, with the necessary adaptations.

2-Being held the debit relationship, the debt is reputed to be litigated.

3-If debt is eliminated, those interested retain the right to demand payment by the

common means.

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Article 38.

Recognition of debts approved by all

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

compete for approval in representation of the minors or equiees consider themselves to be

recognized, and their payment shall be ordered by decision of the notary.

2-When the law requires certain kind of documentary proof for the demonstration of its

existence, it cannot the debt be approved by the minors or equiped without

that joins or exhibits the required proof.

Article 39.

Verification of debts by the notary

If all the stakeholders object to the approval of the debt, the notary knows of its

existence when the matter can be resolved safely by the examination of the

documents presented.

Article 40.

Divergences among those concerned about the approval of debts

There are divergences on the approval of the debt, the provisions of Article 38 apply in the

referring to the share relative to those concerned who approve it, observing how much

to the remaining part the one determined in the previous article.

Article 41.

Payment of debts approved by all

1-If the creditor requires payment, the debts accrued and approved by all the

interested should be paid immediately.

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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 notary the goods to be sold, when there is no agreement on such respect between the

interested.

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

sassure you awarded for the price you adjust.

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

verified by the notary, pursuant to Articles 39 and 40, if the decision is to be complied with

make definitive before the organization of the sharing map.

Article 42.

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 deliberation on the form of payment, yet such a deliberation does not affect the

too much interested.

Article 43.

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 in the

reduction of legacies.

2-The donators are called upon to pronounce on the approval of debts whenever they

there are serious probabilities of them resulting in the reduction of the liberalities.

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Article 44.

Debt not approved by all or debt not recognized by the notary

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 notary, cannot be taken into account, in the

inventory process, for this purpose.

Article 45.

Presentation of the account

1-The head-of-the-couple shall present the account of the cabecelate, up to the 15 th preceding the

preparative conference, properly documented, and may any interested

proceed, within 5 days, to your imputation.

2-Compete the notary to decide on the contested contest in the preceding paragraph.

Article 46.

Insolvency of inheritance

When you check the insolvency situation of the inheritance, please follow, the application for

any creditor or by deliberation of all those interested, the terms of the process of

insolvency that show appropriate, availing itself, where possible, the

processed.

SECTION VI

From the preparatory conference

Article 47.

Sanitation of the process and marking of the preparatory conference

1-Resolved the issues raised that are susceptible to influencing the sharing and

ascertaining the goods to be shared, the notary designates day for the holding of conference

preparative of the conference of stakeholders.

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2-Interested parties may make themselves represented at the preparatory conference by mandatary

with special powers and entrust the mandate to any other interested.

3-In the notification of the convening persons always mention of the object of the conference.

4-Direct stakeholders in sharing who reside in the area of the municipality are notified

with obligation to personal comparisons, or to represent themselves in the terms of the

n. 2, under comination of supplementary fee payment provided for in the portaria of the

member of the Government responsible for the area of justice.

5-A conference may be postponed, by determination of the notary or the requirement of

any interested, for one time, if you lack any of the summoned and there are reasons

to consider feasible the agreement on the composition of the quintuses.

Article 48.

Subjects to be submitted to the preparatory conference

1-At the conference may the interested parties, by a majority of two-thirds of the holders

of the right to inheritance and regardless of the proportion of each quota, which the

composition of the quinlions perform by some of the following modes:

a) By designating the monies that must 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 monies or lots and respect values, so that, in whole or in part,

be the object of sorting 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-The representations referred to in points a) and b) of the preceding paragraph may be preceded by

assessment, required by those interested or officiously determined by the notary,

intended to enable the equal and equitable allocation of goods by the various

interested.

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3-Interested parties compete still to deliberate on the approval of the liability and form of

fulfillment of the legacies and too much burdens of inheritance.

4-In the absence of the deliberation provided for in paragraph 1, it is still incumbent upon the interested parties to deliberate on

any issues the resolution of which may influence the sharing.

5-A The deliberation of the interested persons present, concerning the subjects contained in the number

previous, link the rest that, duly notified, have not attended in the

conference.

6-The inventory may terminate at the conference, by agreement of the interested parties, without prejudice to the

provisions of Article 5.

7-In cases provided for in the preceding paragraph, the agreement applies, with the necessary

adaptations, the provisions of Article 66.

SECTION VII

From the conference of interested

Article 49.

When to make the conference of stakeholders and their purpose

The stakeholder conference is for the award of the goods and takes place in the 20 days

subsequent to the day of the preparatory conference, owing to its date to be designated by the

notary, there is no place to be postponed in cases where the respective date has been

fixed by agreement, unless there is fair impediment.

Article 50.

Purpose of the conference, base value and competence

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1-A The award of the goods is effected by proposals in closed letter, and the

notary, personally, proceed to the open respects, save in cases where that

form of alienation is not admissible.

2-The value to be proposed shall not be less than 85% of the base value of the goods.

3-The award applies, with the necessary adaptations, the provisions of the Code of

Civil procedure as for the executive sale upon proposals in closed letter.

Article 51.

Private negotiation

Goods not awarded by tender in closed letter are awarded by

particular negotiation, to be carried out by the notary, applying, with the necessary adaptations, the

provisions of the Code of Civil Procedure as to the executive sale by private negotiation.

SECTION VIII

From the clearance of inofficiosity

Article 52.

Assessment of donated goods in the case of being argued unofficialness

1-If there are legitimated heirlooms and some interested declare that it intends to bid on

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

allows you 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 is observed:

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

on the part that the donator has to repose, to which he is not admitted to the donator;

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

inherit inheritors, in case the reduction exceeds half of its value, by staying

the donator thank you to repose the excess, should the reduction be equal to or less than that

half;

c) Out of the cases provided for in the previous paragraphs, the donator may choose, among the

donated goods, the goods necessary for the fulfillment of their quota in inheritance and

of the charges of the donation, and must repose those who exceed their fortnight, opening up

bidding on the reimposed goods, if it is or has already been required, not being the

donator admitted to licit.

4-A The donator's opposition is stated in the very act of the conference, case the same in this

be present.

5-Not being present, the donator is notified, prior to the tenders, to manifest the

your opposition.

6-A The assessment may be required by the end of the deadline for examination of the procedure for the

form of the sharing.

Article 53.

Assessment of legacy goods in the case of being argued unofficialness

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

oppose in the terms of paragraphs 4 and 5 of the preceding Article.

2-If the tenant opposes, the bidding has no place, but the heirs may apply for the

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

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

right-legatory to the respect value.

4-At the deadline to apply for the assessment is the provisions of paragraph 6 of the preceding Article apply.

Article 54.

Assessment to the application of the tenant or tenant, being the liberalities

unofficial

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 the assessment of donated or legacy goods, or of

any others that have not yet been assessed.

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 examination of the procedure for

the form of the sharing.

Article 55.

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 is observed:

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

apply for the evaluation of the legged thing;

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

require bidding of the legged thing.

3-It shall also apply to the lessee the provisions of the paragraph c) of Article 52 (3).

Article 56.

Bids

All bids provided for in the scope of the inventory process are effected by

proposals in closed letter.

SECTION IX

Of the sharing

SUBSECTION I

Effectivation of sharing

Article 57.

Dispatch on the form of the sharing

1-Fulfilling the provisions of the previous articles, the lawyers of the concerned are heard

on the form of the sharing, in the applicable terms of Article 32.

2-Within 10 days after the hearing provided for in the preceding paragraph, the notary profes

determinative dispatch of the way in which the sharing should be organised, and should be

resolved all issues that have not yet been and that it is necessary to decide

for the organisation of the sharing map, and the notary may send the

production of the evidence that it judges necessary.

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3-For the purposes of the provisions of the preceding paragraph, if questions are raised that, attentive to their

nature or the complexity of the matter of fact and law, should not be decided in the

inventory process, will be the interested persons referred, in that part, to the means

common judicial.

4-From the determinative order of the form of the admissible sharing contest to the court

of the 1 th competent instance, within 30 days, to which it rises immediately, in the

own autos and with suspensive effect.

Article 58.

Filling of the quinlions

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

a) The bid goods are awarded to the bidder's respect, such as the donated goods

or legacies are awarded to the tenant or tenant's respective respects;

b) To non-conferents or non-bidders are assigned goods of the same species and

nature of the donated and bidding, except where this is not possible, in which case:

i) Non-conferees or non-conferees are inteirated in other goods of the

inheritance, and may require the composition in cash;

ii) Proceeds from the judicial sale of the goods necessary to obtain the due

amounts, whenever they are of a different nature than that of the donated goods

or bidding;

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

equal batches;

d) Credits that are litigious or that are not sufficiently proven and

goods that have no value are distributed proportionally by the

interested.

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2-The provisions of the b) of the preceding paragraph shall apply for the benefit of the co-heirs

non-legacies, when some of the heirs have been contemplated with legacies.

Article 59.

Map of sharing

1-Proof the order on the form of the sharing, the notary organizes, within 10 days,

the map of sharing, in harmony with the same dispatch and with the provisions of the article

previous.

2-For the formation of the map the following rules are observed:

a) It ascertains in the first place the total importance of the asset, adding to the

values of each species of goods as per the valuations and bidding effected 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.

3-The lots that should be assorted are assigned by letters and the values are indicated

only by digits.

4-The figures in the description monies are indicated by both figures and by extensive and,

when they are followed, referring only to the boundaries between which it is understood to

numbering.

5-If the co-heirs coured fractions of appropriations, it is necessary to mention the fraction.

6-In each batch must always indicate the species of goods that constitute it.

Article 60.

Excess donated goods, legacies or bidding

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1-Should the notary check, in the act of the organization of the map, that the donated goods, bequeued or

bid exceed the quota of the interested party's concerned or the available part of the

inventoried, launches in the process an information, in the form of a map, indicating the

amount of excess.

2-If there are unofficial legacies or donations, the notary orders the notification of the

interested to require their reduction under the civil law, and the legatory may

or donator choose, among the legacy or donated goods, the goods necessary for

fill in the value to which you are entitled to receive.

Article 61.

Options granted to those interested

1-The interested parties to whom they fall torns are notified to apply for the composition of the

their backyards or claim the payment of the torns.

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

your quota, is permitted for any of the notified to apply for excess monies

or some are awarded to you for the value resulting from the bidding, up to the limit of your

Quinlion.

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

fill in your quota, being notified to exercise this right, in the applicable terms

of paragraph 2 of the previous article.

4-Being the requirement made by more than one stakeout and no agreement between

them on the adjudication, the notary decides, so as to achieve the greatest balance of the

lots, may send the draw or authorize the award in common in the

proportion to indicate.

Article 62.

Payment or deposit of the torns

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1-Reclaminated the payment of the torns, the person concerned who has to pay them, is notified

to deposit them.

2-Not being taken out of the deposit, may the applicants ask that of the monies intended

the debtor is awarded them, by the constant value of the information provided for in the

article 60, those who choose and are required to fill in their quotas,

provided that they immediately deposit the importance of tornas that by virtue of the

adjudication, have to pay, being in this case applicable in this case the provisions of paragraph 4

of the previous article.

3-Can also the applicants ask that, becoming final the decision to share, if

proceed in the same process to the sale of the goods awarded to the debtor to where it is

necessary for the payment of the torns.

4-Not being claimed of your payment, the tornas have won legal interest since the date of the

homologation decision of the sharing and the creditors may register legal mortgage on the

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

that they are taken, as to the furniture, the acts provided for in Article 68.

Article 63.

Complaints against the map

1-Organized the map, may those interested, within 10 days of it

notification, apply for any rectification, or complain against any wrongdoing,

particularly against the inequality of the batches or against the lack of observance of the

dispatch that determined the sharing.

2-The complaints submitted are decided within 10 days, and may

interested be summoned to a conference when some complaint has by

foundation the inequality of the lots.

3-The modifications imposed by the decision of the complaints are effected on the map,

organizing, if it is necessary, new map.

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Article 64.

Sorteio of the lots

1-Then proceed to the draw of the batches, if it is there, entering an urn

so many papers how many are the lots that should be slotted, after you have written

in each paper the letter corresponding to the lot it represents.

2-In the extraction of the papers ascribe the first place to the meier of the inventariate and, how much

to the co-heirs, regulates the alphabetical order of their names.

3-The notary takes away the sorties by those interested who do not compare and, as the

draw if it is performed, averba by quota in the process the name of the interested to whom

kayba each lot.

4-Completed the draw, interested parties can exchange with each other the lots that have them

fit.

5-For the exchange of lots belonging to minors and equistopped is required authorization of

who exercises parental responsibilities or guardian.

6-Addressing inability-free, the exchange of lots cannot do without the annuence of the

curator.

Article 65.

Second and third maps

1-When there is meier spouse, on the map are contained two mounds.

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2-Determined that is the map of the inventoried, it organizes second map for the division

from him by his heirs.

3-Should the quinlions of the heirs be unequal, for there are some who succeed by

right of representation, found the quota of the represented, forms third map for the

division of it by the representatives.

4-If any heir has to be contemplated with a greater portion of goods, they form,

being possible, the lots required for the draw to take place between equal batches.

5-When the second map cannot be arranged and assorted in the act of the draw of the

lots of the first map and when the third map also the can't be in the act of the

draw of the lots of the second, observe, not only as to the organization but also

as for the examination and draw of the second and third maps, the rules that stay

established relatively to the first.

Article 66.

Homologation decision of the sharing

1-A The homologatory decision of the constant sharing of the map and the draw operations is

prowound by the territorially competent judge cable.

2-When inheritance is dewound to incapable, minor or absent in an uncertain part and

where it is necessary to represent and defend the interests of the Public Farm, the

process is sent to the Public Prosecutor's Office to the territorially civil judgment

competent, in order to determine, within 10 days of the receiving respect, what if

appears necessary for the defence of the interests that are legally entrusted to you.

3-From the type-approval decision of the sharing is appealing appeal, pursuant to the Code

of Civil Procedure, for the Court of territorially competent Relation, with effect

merely devolutive.

Article 67.

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Responsibility for the expense

1-The expense due by the inventory of the inventory is paid by the heirs, the meier and

by the enjoyable of all inheritance or part thereof, in the proportion of what they receive,

responding to the legacy goods by subsidizing their payment.

2-If the inheritance is all distributed in legacies, the expense is paid by the lessees in the

same ratio.

3-At the expense of the incidents and the resources is applicable the scheme provided for in the porterie of the

member of the Government responsible for the area of justice.

Article 68.

Delivery of goods before the sharing decision becomes final

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

before the sharing decision becomes final, 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 has not become final, and the conservative may not register the

transmission without mentioning that circumstance;

b) The credit papers subject to averaging are averaged by the entity

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

as long as the sharing decision does not become final;

c) Any other goods are delivered only if the person concerned is to provide collateral, to which no

understands income, interest and dividends.

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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 for the value

of those to which it is not entitled should the matter be decided against it.

3-The statements made in the record or in the averaging produce the same effect as the

record of the shares and such effect subsists as long as it is not declared extinct by dispatch

notarial.

Article 69.

New sharing

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

couple immediately enter 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, always remaining the assessment and the description, yet to be fully verified

replacement of heirs.

3-In the decision to judge the new sharing, or by dispatching, when it does not have to proceed-

if the new sharing, is warrants cancelling the records or averbings that should

lapse.

4-If the person concerned does not refund the movable property he has received, it shall be executed by them in the

even process of inventory as well as the yields that should be restituting,

by paying bills as if it were head-of-the-couple.

SUBSECTION II

Amendment and cancellation of the sharing

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Article 70.

Amendment by arrangement and rectification of material errors

1-A sharing, even if the decision has become final, can be emendable in the

same inventory by agreement of all concerned or their representatives, if

there has been a de facto error in the description or qualification of the goods or any other error

susceptible to addicting the will of the parties.

2-A sentence or the order that omits the name of the parties, whether omission as to fees

and costs, or contain errors of writing or calculation or any inexatids due to

another omission or manifest lapse, can be corrected by simple dispatch, the

application from either of the parties or on the initiative of the judge.

3-In the event of an appeal, rectification can only take place before it goes up, the parties may

claim before the superior court what they understand of their right in the regard to rectification.

4-If none of the parties appeal, rectification can take place at all time.

Article 71.

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 proposed action within

one year, counting from the knowledge of the error, provided that this knowledge is

later to the decision.

2-A The action intended to obtain the share amendment is attached to the inventory process.

Article 72.

Cancellation

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1-Saved in cases of extraordinary appeal, the cancellation of the sharing confirmed by decision

that if it has become final it can only be enacted when there has been preterition

or lack of intervention by some of the co-heirs and show themselves that the others

interested proceeded with dolo or man-faith, whether as to the preterition, be that to the

how the sharing was prepared.

2-A The cancellation shall be sought by means of action to which the provisions of paragraph 2 of the

previous article.

Article 73.

Composition of the quinlion to the preterned heir

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

that your quinlion is made up in cash, this one requires in the inventory process

that the conference of stakeholders be convened to determine the amount of your

Quinlion.

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

a) Be able to self-which the goods on whose value are found to be divergent;

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

evaluation.

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

3-It is organised new sharing map for fixing the changes that suffers the primitive

map as a result of the payments required for the filling of the quinlion

of the preterde.

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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 at

goods the part of the respect, without prejudice, however, of the divestments already effected.

5-If the payment is not required, the provisions of Article 62 (4) shall apply.

SUBSECTION III

Additional sharing and resources

Article 74.

Inventory of the supperstite spouse

1-In the inventory of the supperstite spouse is apprehended the inventory process by the death of the

predefunct spouse.

2-If the inventory of the predefunct spouse has railed in judicial court the notary

requests the remittance of the respect process.

Article 75.

Additional sharing

1-When you acknowledge, after you have done the sharing, that there was omission of some goods,

carry out in the same process the additional sharing, with observance, in the applicable part,

than is thought to be willing in this subsection and in the previous ones.

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 only

come to discover on the occasion of that inventory.

Article 76.

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Regime of resources

1-From the type-approval decision of the sharing is appealing, applying, with the necessary

adaptations, the regime of resources provided for in the Code of Civil Procedure.

2-Saved in cases where it is up to appeal in the terms of the Code of Procedure

Civil, interlocuting decisions rendered in the framework of the same processes shall be

impugned in the appeal that comes to be the interpost of the sharing decision.

SUBSECTION IV

Sharing of goods in special cases

Article 77.

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.

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.

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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 notary requires collateral to some definitive curator and this one does not pay, it is

ordered in the same process the delivery of the goods to another curator.

Article 78.

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

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 notary.

Article 79.

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 head-of-the-couple functions are incumbent on the older spouse.

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3-The inventory follows the terms prescribed in the previous sections and subsections, without

Injury to the notary, in any state of the cause, to be able to refer the case to

mediation, regarding the sharing of mortgage-backed goods, save when

any of the parties expressly opposes such a shipment, applying, with the

necessary adaptations, the provisions of the Code of Civil Procedure relating to mediation and

suspension of the instance.

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

of that fact to the notarial office, preferentially by electronic means.

5-Alsing agreement in mediation, the same is remitted to the notarial carthorium,

preferentially by electronic means.

Article 80.

Responsibility for the expense

1-The expense inherent in the inventory, if they are due, are paid for by both spouses,

in the ratio of half for each, save if any of them do not satisfy in time

this payment.

2-The other spouse can take full charge of paying the whole of the

costs, in which case it benefits from the right of return on the amount that paid for

more.

Article 81.

Process for the separation of goods in special cases

1-Rewanting separation of goods in the couple's cases of common goods attachment, nos

terms of the Code of Civil Procedure, or having to proceed to separation by virtue

of the insolvency of one of the spouses, the provisions of the procedure of the procedure of

inventory as a result of separation, divorce, declaration of nullity or cancellation

of the marriage, with the following specificities:

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a) The exequent, in the cases of attachment of common goods of the couple, or any creditor,

In the case of insolvency, you have the right to promote the progress of the inventory;

b) No debts may be approved that are not properly documented;

c) The spouse of the executed or insolvent has the right to choose the goods with which

you must be formed of your meation and, if you use this right, are notified of the choice

the creditors, who can complain against it, substantiating their claim.

2-If judgeable the claim, the notary orders evaluation of the goods that appear to him

poorly evaluated.

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

or insolvent, the one may declare that he would give up the choice and, in that case, or not having

it used from the right of choice, the meations are awarded by means of draw.

CHAPTER III

Supplementary and final provisions

Article 82.

Subsidiary legislation

In everything that is not specially regulated in this Law, the Code of

Civil procedure and respect supplementary legislation.

Article 83.

Fees, fees and fines

1-For the remittance of the case to the court under the legal regime of the process of

inventory is due rate of justice corresponding to that provided for in table II of the

Regulation of Procedural Costs, approved by the Decree-Law No. 34/2008, of 26 of

February, for anomalous incidents / procedures, and may the final judge

determine, whenever the issues review special complexity, the payment of

a higher value within the limits set forth in that table.

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2-They are regulated by porterie of the member of the Government responsible for the area of justice the

notarial fees due by the inventory process, the respective scheme of

payment and liability for your payment.

3-The fines provided for in this Law revert in favour of the Institute of Financial Management and

Equipment of Justice, I.P.

Article 84.

Judicial support

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

of the judicial support.

2-In cases of dispensation of justice fee and too much burden with the process, the regime of

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

would pore from the member of the Government responsible for the area of justice.