Machine Translation of "Statement Of Rectification To Law No. 41/2013, Of 26 June, Approving The Code Of Civil Procedure, Published In Diário Da..." (Portugal)

Statement Of Rectification To Law No. 41/2013, Of 26 June, Approving The Code Of Civil Procedure, Published In Diário Da República, 1St Series, No. 121, 26 June 2013

Original Language Title: Declaração de retificação à Lei n.º 41/2013, de 26 de junho, que aprova o Código de Processo Civil, publicada no Diário da República, 1.ª série, n.º 121, de 26 de junho de 2013

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CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 113 /XII PL 521/2012

2012.11.22

Exhibition of Motives

The Programme of the XIX Constitutional Government provides for as an essential measure the reform of the

Civil procedure, by reducing the forms of procedure and the simplification of the scheme,

ensuring efficacy and speed, betting, at the same time, on the deformalization of

procedures, the procedural orality and the limitation of the relevant procedural matters,

making the process more effective and understandable by the parties.

On the one hand, as essential measures are envisaged to create a new paradigm for the

declarative action and for executive action, the consecration of new rules of management and of

procedural plotting, in particular the compulsion of the holding of the hearing

preliminary with a view to the identification of the object of the dispute and the enunciation of the themes of the

proof. On the other hand, it is also predicted to be essential to confer greater effectiveness on the second

instance for the examination of the matter of fact and to reform the executive action in the sense of its

extinction whenever the title is a sentence, owing to the court decision to be executed

as an incident of the action. Finally, the Government Programme provides that in the event that there is a

different executive title of sentence, an abbreviated process should be created that allows for the

speedy resolution of the processes.

Within the framework of the Memorandum of Understanding on Policy Condictionalities

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

European Commission and the International Monetary Fund, in the framework of the aid programme

financial to Portugal, the Government has made a commitment to revise the Code of Process

Civil.

CHAIR OF THE COUNCIL OF MINISTERS

The Code of Civil Procedure is, by nature, one of the most sensitive normative bodies of

any legal planning.

Since soon, in the face of your indole and your paradigmatic and inspiring role of the rest

adjective rights, suffers and benefits from special relief in the judicial praxis. In addition, it is

in it that seeks to balance the balance between the functions of the state and the rights of citizens, what

gives you a proper social sensitivity, whether for procedural actors, or

for citizens and still for the companies themselves.

It is not by chance that the Code of Civil Procedure of 1939, works by too much leader of

all the forensic culture in Portugal, was, in spite of its perfection and the rigor that informed it,

object of multiple changes, the most often by causes and with intuit merely

conjunctural or with the purpose of updating the adopted lexicon, but always without putting in

causes the nature of its principles, its ideology, the drawing of the function of the parties, of the

their prerogatives, responsibilities and procedural discipline.

From the same step, until 1995/1996, none of the reforms interpelted the lawmaker on the

role, function and the nature of the juridicating activity of the State.

It was in the 1995/1996 reform, with the start of the term on January 1, 1997, that if

promoted the first roture with the ideology of 1939, enshrining new principles,

to ascribe to the judge a leading and active role, promoting substantial equality of the

procedural actors, with privilege of the material truth, prohibiting decisions

surprise and reinvigorating the principle of adversarial. In short, it was in this reform that if

operated the historical turn and the update of the civil adjective right in Portugal.

Past that it is fifteen years, the time has come to ascertain whether this radical transformation

produced the appropriate results for achieving an effective and administrated civil justice in

useful time.

CHAIR OF THE COUNCIL OF MINISTERS

In fact, unjustified procedural pendants have increased geometrically, the means

placed, whether humans, financial and even physicists, have not suffered any

breaks down and, despite this, the judicial magistrates, the magistrates of the Public Prosecutor's Office and the

attorneys are far from feeling comforted by the justice administered after the

reform of 1995/1996.

It is all too obvious that it becomes absolutely necessary to proceed to a new

reform to debelch the vices that impose the pathological pendences, the delays

unjustifiable and the consequential irresponsibilities.

It may, today, be concluded that the reform of 1995/1996 correctly erected the principles

advisors of the modern civil procedure, but it did not put in the hands of the actors

procedural the appropriate tools to make it effective, by viabilizing the purposes to which if

had proposed.

It is the one that is aimed at the present reform, when they are advocating and enshrining the

concrete procedural duties, the unfunnable powers of management, the inevitable

accountability of all actors, everything from mould to viabilizing and conferring

useful content to the principles of material truth, functional cooperation and the primed of

substance on the shape.

The present reform completes that of 1995/1996, as it not only does not enter into a collision course

with what that hierarchized, how it fills the void of its realization and, by that

via, as said, the complete.

Urge elencate the enshrined changes and innovations, which aim to achieve such goals and

continue the pointed finals.

Measures of procedural simplification and reinforcement of the instruments are implemented.

defense against the exercise of dilatory colleges.

CHAIR OF THE COUNCIL OF MINISTERS

Procedural expediance, indispensable to the legitimisation of the courts before the community and

instrument indispensable to the realization of one of the fundamental dimensions of law

fundamental of access to justice, it necessarily passes through a new judicial culture,

involving all participants in the process, for which it is expected to contribute decisively

a new model of civil, simple and flexible process, stripped of unwarranted

formalisms and adjective florets, focused decisively on the analysis and resolution of the

essential issues linked to the merit of the cause. The consecration of a model of this type

will contribute decisively to unviable and devalue procedural behaviours

archaic, assorted in the old praxis that formalities should prevail over the

substance of the litigation and make it difficult, to condition or distort the decision of merit.

The new figurine of the prior hearing, designation ora given to the hearing to be held after the phase

of the joints, decisively based on a principle of orality and concentration of the

debates, presupposing the active intervention of all the actors in the lide, with a view to

get a delimitation of what is truly essential for your full

understanding and fair resolution, combined with the rule of inadiability and with the

schedule of the final hearing, it is susceptible to potentiate this desirable result. Of the rest,

the institution of a new model of preparation of the final hearing will also be repertoire

in the procedural stages located upstream, influencing, since soon, the way of elaboration

of the joints, owing the parties to focus on the essential and embossed factuality

noun, thus discouraging the useless prolixity that, until now, in the face of a

civil procedure disproportionately rigid and preclusive, stemmed from the need for them if

include all essential facts and circumstances or instrumental later brought to the

questionnaire. As it is known, fruit of a assorted, fundamentalist and fundamentalist view of the

burden of allegation, the prevailing understanding in the forensic practice comes being that

any omission or inaccuracy in the allegation implies the risk of deprivation of the right to proof

on matter that the fluke of the plete came to reveal. Now, honoring the merit and the

substance to the detriment of the mere procedural formality, it is conferred on the parties to

prerogative to articulate the essential facts that sustain their respective pretensions,

CHAIR OF THE COUNCIL OF MINISTERS

staying reserved the possibility of, throughout the entire tramway, naturally amputated

of pointless moments, come into the autos all an acquis-worthy factual of

consideration by the court with a view to the fair composition of the dispute.

In addition to the consequences of this new model, it matters to discourage the use of

dilatory colleges by the parties processing themselves such an objective in three successive highs,

face to behaviors of different gravities. The first of them, associated with actuations

which aim to produce an artificially complex complexisation of litigation-for example

unjustifiable prolixity of the procedural parts produced, totally inadequate to the real

complexity of the matter of the vote, or manifestly excessive indication of means of

proof-must give way to the application of justice rate corresponding to that of the processes of

special complexity. The second translates into the application to the part of a sanctionatory rate

excecional, sanctioning abusive behaviors-action, opposition, application,

appeal, complaint or incident manifestly improceeded-objectionable while

arising from the exclusive lack of prudence or diligence on the part that uses them-without which,

however, the seriousness of the censorship judgment formulated allows them to be included in the scope of

litigation of bad faith. Finally, the third plateau comprises the institute of litigation of

bad faith, in which they include the severely violating behaviors of the duties of good faith

procedural and cooperation, by predicting on the Regulation of Procedural Costs a value

for the corresponding fine sufficiently gravy and demotivating, much higher than the

predicted for the aggravated sanctionatory rate.

Regardless of the sanctioning of the dilatory behaviors of the part, they are

instituted the procedural mechanisms apt to prevent them, allowing them to term them

promptly: in addition to the limiting norms of the right to recourse as to mere

interlocutory decisions, of reduced relief for the fundamental rights of the Parties,

previously referred to, is reduced the possibility of raising post-decision-making incidents-

aclarations or pretenses nulliations of the final decision-the cover of which are prolong

artificially the course of the lid. Thus, it eliminates the incident of aclaration or

enlightenment of pretense and, in the most of the times, fictionalised and nonexistent obscurity

CHAIR OF THE COUNCIL OF MINISTERS

or ambiguities of the claimed decision-only if consenting to the person concerned, by the

half itself, the nullity of the sentence that is effectively unintelligible. In addition,

icing ordinary appeal of the decision, all the nullities of which one eventually

padeoff-from being raised in the appeal allegation, and the judge "the quo" shall pronounce

about them-by suing them, if any-before the rise of the autos to the court " ad

who ". Only in cases where the appeal is not possible is that the claim is allowed

autonomous before the judge himself who delivered the claimed decision.

In the same vein, the defence regime is strengthened against abusive delays after the

judgment of the appeal, until now constant of Article 670, in the essay that was given to him

by Decree-Law No. 303/2007 of August 24, which is to be immediately applicable to

all features (backside extraction where the anomalous incident is processed, downloading the

autos to proceed in the court resorted to, only being handed decision in that

rear end after the party pays all the expense and fines it originated with your

abusive behavior). In addition to the rules of procedure referred to, it shall establish itself

that the same is applicable, with the necessary adaptations, to anomalous and dilatory incidents,

raised in the face of any irrecurrable decisions rendered in 1.

For interlocating dispatches in which secondary nullities are appreciated, until

now provided for in Article 195, only if it admits recourse when the latter is founded

specific the violation of the basic principles of equality and adversarial or nullity

invoked has manifested influence in the judgment of merit, for contending with the

procedural acquisition and facts or with the admissibility of probative means.

On the similarity of what is planned for the resolution of the conflicts of competence,

it is established that the appropriate means of appeal to question the decision that appreciates the

relative jurisdiction of the court is, not the route of the appeal, but the complaint to the

president of the top court, propitiating the speedy resolution of all matters

raised, inter alia, in the seat of fixation of territorial competence.

CHAIR OF THE COUNCIL OF MINISTERS

It is important to the common process the missing-citation regime in an uncertain part

instituted in the experimental procedural regime, predicting that the edital citation determined

by the uncertainty of the place in which the quoting is found is made by edital affixing followed

of the publication of advertisement on public access computer page-replacing this

publication in informatic support the traditional advertisements, published in the press

writing.

It remains and strengthens the power of direction of the case by the judge and the principle of the

inquisitory (of particular relief in the elimination of the dilatory colleges, in the asset

a supply of the generality of the lack of procedural assumptions, in the instruction of the cause and in the

effective and active direction of the hearing).

It remains and broadens the principle of formal suitability, so as to allow the practice of the

acts that best fit the purposes of the process, as well as the necessary adaptations,

when the procedural plotting provided for in the law does not adept at the specifics of the cause or

not be the most efficient.

It is important for the common process the principle of procedural management, consecrated and tested

within the framework of the experimental procedural regime, conferring on the judge an autonomous power of

active steering of the process, and may determine the adoption of the mechanisms of

simplification and procedural streamlining that, while respecting the fundamental principles of

equality of the parties and the adversarial, guarantee the composition of the dispute in time

reasonable. However, not discuring a participative view of the process, it is imposed that

such decisions are antecedents of the hearing of the parties.

CHAIR OF THE COUNCIL OF MINISTERS

Still in line with the principle of the prevalence of merit on mere issues of

form, in conjunction with the signalled reinforcement of steering powers, agilisation,

suitability and procedural management of the judge, all procedural activity should be directed to

to propitiate the achievement of decisions that privilege merit or substance over the form,

by having to supply the error in the qualification by the part of the procedural medium used and avoid

deficiencies or purely adjective irregularities that prevent the composition of the dispute

or end up distorting the content of the sentence of merit, conditioned by the

operation of disproportionate cominations or procedural preclusions.

A particular relief is given to the discipline of the cautionary procedures and the

urgent autonomous procedures, introducing themselves into the relevant process law

innovations.

An autonomous and self-sufficient urgent procedure is planned, intended to enable the

getting a particularly prompt decision that, in good time, ensures tutelage

effective of the fundamental right of personality of singular individuals. Thus, it operates a

rejuvenation and enlargement of the procedural mechanisms of personality tutelage,

in the sense of decreeing, in the shortest space of time, the arrangements concretely

suitable to prevent the consummation of any illicit and direct threat to physical personality

or moral of the human being or to mitigate, or to make a cessation of, the effects of offence already committed,

with the execution on the autos themselves.

As for the discipline of the cautionary procedures, the principle is broken according to which

these are always reliance on a main cause, proposed by the applicant to avoid

the expiry of the cautionary providence decreed to its benefit, preventing it from having to

repeat entirely, in the framework of the main action, the same controversy that has just been

appreciated and decided in the framework of the cautionary procedure-obstinate to the costs and time

arising from this duplication of procedures, in cases where, despite the minors

formal guarantees, the cautionary decision there is, in practice, solved the litigation that effectively

opuncture the parties.

CHAIR OF THE COUNCIL OF MINISTERS

To achieve such an objective, the regime of inversion of the litigation is devoting itself, leading to

that, in certain situations, the cautionary decision can be consolidated as definitive in the

composition of the dispute, if the defendant does not demonstrate, in action by him proposed and

boosted, that the cautionary decision should not have, after all, this vocation of definiveness.

Thus, it is established that the judge, in the decision that decrees providence and upon

application, may dismiss the applicant of the burden of propositionof the main action if the

matter acquired in the procedure to enable it to form secure conviction about the

existence of the acautelate right and if the nature of the providence enacted is appropriate to

carry out the final composition of the dispute, and the said dispensation may be required

until the end of the final hearing. Dealing with procedure without adversarial

prior, may the defendant object to the inversion of the litigation jointly with the

impugment of the providence decreed, deciding the judge-in the decision in which he appreciates the

subsequent opposition of the respondent-about the maintenance or revocation of the inversion of the

contentious initially decreed, constituting such an additional jurisdictional appreciation

and an integral part of the decision initially delivered.

As soon as transite on trial the decision that there is enacted the cautionary providence and

inverted the litigation, is the required notified with the admonition of which, wanting,

should intry the action aimed at impugning the existence of the acautelate right in the 30 days

subsequent to the notification, under penalty of the providence decreed to consolidate as

definitive solution of the dispute.

In another plan of the cautionary tutelage, you provide the creditor with the possibility to obtain the

decrement of arrest, with no need for demonstration of the fair fear of loss of the

equity guarantee, of the good that has been transmitted upon legal business when it is

in debt, in whole or in part, the price of the respect acquisition.

At the level of the incidents of third-party intervention, some restrictions operate.

CHAIR OF THE COUNCIL OF MINISTERS

Since soon, it eliminates active coalitions intervention, i.e., the possibility of holders of

parallel and merely related rights with that of the author to superveniently deduce the

your claims, autonomous with respect to the author's request, in the pending action,

disturbing the progress of this, by obliging to reshape the entire phase of the joints, already

prosecuted or under way, resting them, in this case, the possibility of, by intrying their

own action, they subsequently require the apensation of shares, so as to propitiate a

joint trial.

In cases of incidental intervention caused in which the defendant calls to intervene a third party,

strange to the contested material relationship, based on the invocation against him of a possible

right of return, which will allow you to ressarse yourself from the injury that causes you the loss of the

demand, confers itself to the judge a broad power to, in relatively terms

discretionary, upon irrecurrable decision, to put a preliminary injunction to the incident, when

understand that the same, having dilatory purposes, for not matching an interest

seriously and effective of the defendant, unduly disturbs the normal progress of the process.

In addition, in the cases of opposition caused in which the defendant accepts without reservation the debit that

it is required and invokes, only, doubt founded on the identity of the person of the creditor to

who should carry out the payment, calling to intervene the third who burrow or can

burrow-if the quality of creditor, it is established that the respondent must proceed to consignment soon

in deposit of the amount or thing due, only thus exonerating itself from the process, proceeding

then the litigation between the two possible creditors.

The powers of the judge to reject unjustified or dilatory interventions are strengthened and

provide for the apensation of related causes. In this way, by hanging on to doomsday, albeit

in separate courts, related actions-without the parties having aggregated them in a single

process, by deduction of the incidents of third party intervention or formulation

opportune of a reconventional request-, it is established that the judge must provide, as a rule,

and even officiously, by their aggregation in a same process, so as to enable the

respects joint instruction and joint discussion-with evident gains from procedural economics

CHAIR OF THE COUNCIL OF MINISTERS

and of prevention of the risk of being given different or contradictory decisions about

partially coincident matter.

Proceeds to the reformulation of the regime of international competence of the courts

Portuguese, articulating it with the provisions of Article 22 of the EC Regulation No. 44/2001,

of the Council, of December 22, 2000.

With respect to the factors of allocation of international competence, it is established that

the Portuguese courts are internationally competent: when the action may be

proposed in Portuguese court under the rules of territorial jurisdiction established

in Portuguese law; when the invoked right cannot become effective but by means of

action proposed in Portuguese territory or check yourself for the author's appreciable difficulty in the

purposeful of the action abroad, provided that between the object of the dispute and the legal order

Portuguese there is a ponderous element of connection, personal or real.

In respect of cases located within the exclusive jurisdiction of the courts

Portuguese, it is determined that this only occurs: (i) on real rights matter on real estate

and leasing of real estate located in Portuguese territory; (ii) however, in respect of

real estate rental agreements concluded for temporary personal use by a

maximum period of six consecutive months, the courts of the

Member State of the European Union where the defendant has domicile, provided that the

tenant is a natural person and the owner and the lessee have domicile in the

same Member State; (iii) in matters of validity, nullity or dissolution of the

societies or other legal persons who have their registered office in Portugal, as well as in

matter of validity or nullity of decisions of its organs, being that, to determine

that seat, the Portuguese court applies its rules of private international law; (iv) in

matter of validity of inscriptions in public records kept in Portugal; (v) in

matter of executions on real estate located in Portuguese territory; (vi) in matter of

insolvency relating to persons domiciled in Portugal or legal persons or

companies whose head office is located in Portuguese territory.

CHAIR OF THE COUNCIL OF MINISTERS

It is carried out by strengthening the principle of the concentration of the process or the appeal in a

same judge.

In the declarative action, as a result of the elimination of the intervention of the collective court,

is the judge of the cause the competent, either for the intermediate stage of the case (leading to

prior hearing and scheduling of the final hearing), either for the most upfront phase of the

process (directing the final hearing and prowling sentence, valuing the proof produced,

setting out the facts proved in judgment and applying the right to all the facts proved).

In reinforcement of this principle of unity and tendential concentration of the adjudicator, it establishes itself

that, in the cases of transfer or promotion, the judge in the face of whom the hearing proceeded

elabora also the sentence . The judge transferred or promoted in the course of final hearing

will not be limited to completing the current hearing (as currently succeeding, to avoid the

need for repetition of the evidence before a new judge), and they must also provide the

sentence.

As far as the higher courts are concerned, it establishes itself identically as a rule to

maintenance of the rapporteur, in the case of having to be rephrased the contested decision and, in the

sequence of such a reformulation, to come to be brought in and appreciated a new resource. If, in

consequence of cancelling or revocation of the contested decision or exercise by the Supreme

Court of Justice in magazine seat, has to be handed new ruling in court

resorted to and from it is interposed and admitted new appeal or magazine, the feature is, whenever

possible, distributed to the same reporter.

The present proposed law also introduces an important reformulation of the rules

relating to the forms of the common declarative process, which passes in a unique way.

CHAIR OF THE COUNCIL OF MINISTERS

It is eliminated the summary process, the plotting of which was, nonetheless, structurally

similar to that of the ordinary action. It is also eliminated the sumptiest process, whose field of

application was, in essence and several years ago, absorbed by the procedure of the procedure

intended to require the fulfillment of emerging pecuniary obligations of contracts

regulated by the Decree-Law No. 269/98 of September 1, diploma that will remain in force,

expressly pointing out that the procedures established there prevail in the face of the

common declarative process.

With respect to the plotting of declarative action, the amendments introduced aim to ensure

the procedural concentration, in terms of the lide, complied with the phase of the joints, if

develop around two audiences: the prior hearing and the final hearing.

There is an investment manifesto at the prior hearing, understood as an essential means for

operate the principle of cooperation, adversarial and orality. It is present that the

preliminary hearing, instituted in 1995/1996, fell short of what was expected, but there is

also the conviction that, in addition to the unmist resistance of many forensic professionals,

certain aspects of the procedural regulation have ended, themselves, by hindering the

effective deployment of this hearing in the forensic daily.

Completed the phase of the joints, the process is done conclusively to the judge, fit to this one, before

of summoning the prior hearing, check whether there are grounds for prowling dispatch pre-

saneador. The scope of the dispatch is clarified and extended. Continuing to target the

provide for the supply of dilatory exceptions and the improvement of the

articulated, the linked character of that dispatch is established as to the

emphatic improvement of the joints. In addition, such dispatching will be appropriate to

determine the joining of documents with a view to allowing the assessment of dilatory exceptions

or the knowledge, in whole or in part, of the merit of the cause in the saneador dispatch.

CHAIR OF THE COUNCIL OF MINISTERS

Prior hearing is, by principle, mandatory, pore alone will not be held in the stock not

contestations that have proceeded in regime of unhealthy revelation and in the actions that

should finder in the saneador dispatch by the provenance of a dilatory exception, provided that

this has been debated in the joints.

In respect of its purposes, the prior hearing has as an object: (i) the attempt to

conciliation of the parties; (ii) the exercise of adversarial, under the primed of orality,

regarding the matters to be decided in the sander dispatch that the parties have not had the

opportunity to discuss in the joints; (iii) the oral debate, aimed at suppressing any

insufficiencies or inaccuracies in the alleged factuality and that hajam past the crier of the

pre-saneador; dispatch; (iv) the proliation of sander dispatch, enjoying exceptions

dilatories and knowing immediately, in whole or in part, of the merit of the cause; (v) a

proliation, after debate, of dispatch intended to identify the object of the litigation and to enunciate

the themes of the proof.

In addition, the prior hearing is intended, when the action there is to proceed, to schedule the

acts to be carried out at the final hearing, to establish the number of sessions and their probable

duration, and to assign the respective dates.

In a perspetive of flexibility, but never disbanding the pointed vision participated in the

process, it is expected that the judge, in certain cases, may dismiss the holding of the hearing

preview. In this hypothesis, the judge will provide saneador dispatch, profert dispatch to identify

the object of the litigation and to enunciate the themes of the proof, by scheduling and scheduling still the

acts to be carried out at the final hearing, establishing the number of sessions and their probable

duration. Notified the parties, if some of them intend to complain about what was enacted

by the judge (exception made to the saneador dispatch, whose imputation will be made by way of

of appeal, in the general terms), the means of its own means is to apply for the prior hearing

intended to address the points under complaint.

CHAIR OF THE COUNCIL OF MINISTERS

It is to accentuate that one of the most emblematic pillars of this reform is found here,

which is revealed in a double plan. On the one hand, it radically cuts with the past, putting

term to a practice based on stabilization, soon after the joints, of the facts proved

(specification, up to 1995/1996; matter of fact based, since then) and the facts to be proved

(questionnaire, for decades; instructional base, in the last fifteen years). Are known and

recognized the constraints arising from a conception based on a rigid scheme of

burden and preclusions. It is known that such a design has the effect of conditioning the proof and limiting

the cognitive powers of the court, thus creating serious obstacles to the desired suitability

of the sentence to the extraprocedural reality. On the other hand, it becomes clear that at this intermediate stage

of the process of what it is about is, first, to identify the object of the dispute and, second, of

enunciate the themes of the proof. As for the object of the dispute, its identification corresponds to

to anticipate for here what, until now, only surfaced in the sentence, being salutary and tasteful,

either for the parties, or for the judge, this signage after fining the step of the joints.

Regarding the themes of the proof to be enunciated, it is not more of a quesitation

atomistic and syncopated de facto points, outrossim of allowing the instruction, in

of the limits defined by the cause of asking and for the deductions deduced, decorate without barriers

artificial, with this by ensuring free research and consideration of the whole matter

with reach to the decision of the cause. When, further on, the judge comes to decide the strand

fascia of the lide, what it will matter is that such a decision to express as faithfully as possible to

historical reality such as this one, by the evidence produced, has revealed itself in the autos. We're

in the face of a new paradigm that, therefore, has necessary implications, be it in the

elimination of preclusions as to the allegation of facts, whether in the elimination of a nexus

direct among the testimonials testimonials and concrete pre-defined factual points, be

still in the absence of a court ruling that, addressing the phatic strand of the lide, if

limit to "responding" to questions eventually even unformulated.

Also in the seat of probationary law are introduced relevant modifications.

CHAIR OF THE COUNCIL OF MINISTERS

The limit on the number of witnesses is set at 10 for each part, being admissible

other so many in the event of reconvention. In all manner, in accordance with the principle

of the inquisitory, it is provided for the possibility of the judge to admit a higher number of

witnesses, when the nature and extent of the themes of the evidence justifies it.

The possibility of providing statements at a hearing of the parties themselves is expected, when

face to the personal nature of the facts to ascertain such diligence if justifying, which they are

freely valued by the judge, in the part where they do not represent confession.

In line with the principle of the inadiability of the final hearing, aiming to discipline the

production of documentary evidence, it is established that the documents can be submitted

up to 20 days prior to the date on which the final hearing is held, thus ensuring the

timely adversarial and obviating uniquely dilatory intuites.

A new means of proof, which is designed by qualified non-judicial checks, is created.

Where it is legally permissible for judicial inspection, but the judge understands that if not

justifies, in the face of the nature of the matter or the relevance of the dispute, the direct perception of the facts

by the court, it may be entrusted with technical or qualified person to carry out the acts of

inspection of things or places or reconstitution of facts and to submit their report.

Without prejudice to the atstations carried out by authority or public officer, the verifications do not

qualified judicial magistrates are freely appreciated by the court. It allows, in this way, that

are ascertained with increased efficacy and reliability facts which, by not implying the judgement

scientific that underlies to the expert proof, can be better fixed or clarified by

unbiased and technically apet-free entity (avoiding the usual recourse to the fallible

evidence testifying for his determination and dismising judicial inspections that do not

are proportional to the relief and nature of the litigious matter).

As for the discipline of the final hearing, fundamental changes in the framework are established

legal victor.

CHAIR OF THE COUNCIL OF MINISTERS

It enshrines the principle of the inadiability of the final hearing, which is to be held in the

designated date, save if there is an impediment from the court, missing any of the lawyers without

that the judge has provided for the marking upon prior agreement or occurs reason

that constitutes fair impediment, in the strictures terms so far provided for in Article 146.

For such inadiability much will contribute to the prior hearing, for one of its purposes

is the scheduling of the final hearing.

In this way, unless there is no guarantee of the agendas agreement, it is practically

insurance that the final hearing will perform effectively, avoiding the frustration of the displacements

of the lawyers, the parties, the witnesses and the other actors to the court and

allowing for rational and safe management of the agenda by the judge and lawyers, who

can be safe that the scheduled representations with all probability will be gone

carry out.

On the other hand, it is premised that the suspension of the instance by agreement of the parties-permitted

for periods that, in their entirety, do not exceed three months-is conditioned to that of it

that does not result in the postponement of the final hearing already scheduled, establishing itself that in this

case, the suspension is without prejudice to the acts of instruction and the other preparatory representations

of the final hearing.

It is conspicuous the rule that the final hearing is always recorded (at least, in system

sonoro), and shall only be noted in the minutes the beginning and the end of each statement,

information, clarification, application and respect response, dispatching, decision and

oral claims. This solution, which has the advantage of allowing the audience to decorated from

continuous mode, does not exclude the possibility for the judge to determine that the office would proceed,

terminate the hearing, to the transcript of required and respectful applications, dispatches and

decisions.

It eliminates the intervention of the collective (since 2000 practically non-existent in the shares

cables), passing the whole judgment of the cause, in its factual and legal aspects, to

elapse before the single judge to which the proceedings are distributed.

CHAIR OF THE COUNCIL OF MINISTERS

From this unicity of the single judge in the trial phase arise potentials

significant simplification and rationalization of the processed, as it passes the

be the same judder.

In the line of procedural concentration that marks this reform, the spin-off is abolished between

allegations about the matter of fact and allegations about the legal aspect of the cause. From this

mode, finda the production of proof, will take place the oral claims in which the lawyers

will export the findings, in fact and in law, that hajam extracted from the evidence produced.

In the same line of procedural concentration, it is anticipated that, finishes the final hearing, the

process be conclusive to the judge for sentencing proliation, within 30 days.

Marking yet another profound alteration with the preceding regime, and even as a result

of the innovation expressed in the enunciation of the themes of the proof, there will cease to be a moment

procedural exclusively reserved for a pronunciation of the judge on the matter of fact.

In effect, it will be in the sentence itself, in the seat of de facto statement of reasons, that the judge

should state which facts it judges are proven and which those it judges unproven, by

reference to the evidence produced, on the one hand, and by reference to the remaining elements of the

autos, on the other. On the appreciation of the proof, continuing to invigorate the principle of

free valorisation, it is premised that the judge should compatibilize the whole matter of fact

acquired and extracting from the facts ascertained the presumptions imposed by law or by rules of

experience.

In the field of resources, it was understood that the recent legislative intervention, operated by the

Decree-Law No. 303/2007 of August 24, discouraged a remodeling of the framework

legal instituted.

CHAIR OF THE COUNCIL OF MINISTERS

Still, it took care to strengthen the powers of the 2 th instance in the seat of reappraisal of the

impugned matter of fact. In addition to maintaining the cassatory powers-which

allow to nullify the contested decision, if the latter is not properly substantiated

or if it shows that it is insufficient, obscure or contradictory-, they are substantially

incremented the powers and duties conferred upon it when it proceeds to reappraisal

of the matter in fact, with a view to allowing you to achieve the material truth.

In effect, if the constant elements of the process, including the recording of the proof

produced in the final hearing, are not enough for the Relation to form its own

conviction on the points of the subject matter challenged, has the possibility, even

officiously, to order the renewal of the production of the proof when there are serious doubts

on the credibility of the testimony or about the sense of his testimony and ordering, in

case of doubt founded on the evidence carried out, the production of new means of proof.

On the other hand, an adjustment was made of the conditions under which it is given as verified

the "duo as per" in terms of preventing the magazine feature, since, unlike the

Regime in the victor, it is required that the judgment of the Relation confirm the decision handed down in the 1 th

instance, without vote of due process and without essentially different reasoning.

On executive action, keeping up with the figurine introduced by the 2003 reform,

based on the figure of the executing agent, the legislative intervention is made in various plans.

Since soon, it is reviewed from the cast of the executive titles. Is known the verified trend

in recent decades, with special emphasis on the reform of 1995/1996, in the sense of

reduce the feasibility requirements of private documents and, with this, enable the

respects bearer the immediate access to the executive action. If it is certain that such a solution had by

effect significantly reduce the establishment of declarative actions, the experiment shows

which also entailed the increased risk of wrong-way executions, risk that potentiated by the

circumstance that the latest legislative amendments have allowed more and more

of the execution if it starts by the penhour of the executed goods, posteroing the

contradictory. Associating with this is a reality that, although strange to the civil procedure,

CHAIR OF THE COUNCIL OF MINISTERS

cannot be ignored, as is the somewhat unruly functioning of the credit to the

consumption, supported in documents several whose conjugation is invoked to support the

implementation of executive actions, it is easy to realize that the discussion did not haute in the action

declarative (dispensed on the pretext of the existence of executive title) will eventually erupt

further to the front, in opposition headquarters to the execution. It appears incontrovertified the nexus between the

progressive increase in the casting of executive titles and the exponential increase of

executions, the vast majority of which are not preceded by any control over credit

invoked, nor antecedents of adversarial.

Considering that at this time, the injunction procedure is properly functioning,

it is understood that the claims claims supported in a mere private documents must

go through the crier of the injunction, with the double advantage of soon ensuring the adversarial and of,

if there is no opposition from the respondent, make the subsequent execution more secure,

instituted on the basis of the executive title thus formed. As is evident, if any

opposition of the respondent, this will imply the conversion of the injunction procedure into an action

declarative, which will culminate in a sentence, in the general terms. In this way, relatively to the

Regime that has vigorously, opts to withdraw enforceability to private documents,

any that is the obligation that they title. Underscores credit securities, endowed with

security and reliability in legal trade in terms of justifying the possibility of the

respect creditor can access soon to the executive route. Still within the credit titles,

devotes itself to its feasibility as mere quirographers, as long as they are claimed in the

executive application the constitutive facts of the underlying relationship.

The purpose of access to executive action, enshrines the possibility of citizens

resorting to the public system of justice, requiring the bail-out officer to perform the

performance agent roles, in two cases: in executions for the collection of credits

of a value not exceeding double the court's remit of 1 th instance, as long as it does not

result from a commercial or industrial activity, and in executions intended for collection

of labour credits of no higher value to the remit of the Relation.

CHAIR OF THE COUNCIL OF MINISTERS

Care is taken of the clear division of competences between the judge, the registry office and the agent of

execution, establishing that it is up to you to effect all the proceedings of the process

executive who are not assigned to the registry or are from the jurisdiction of the judge. It is from

hope that, in definite, the procedural actors will take over and observe the apportionment

of competences set out in the law, in order to avoid unnecessary interventions or acts,

generating time losses in a springboard that wants to be fast and efficient.

As it could not fail to be, it is made to depend on judicial decision the related acts

with the principle of the reservation of judge or susceptible to affect fundamental rights of the parties

or from third parties. Thus, in addition to competing to you to provide preliminary injunction, when this must

take place, judge the opposition to the execution and the penhour, check and graduate credits, decide

complaints of acts and contest of decisions of the enforcement agent, is exclusive

assignment of the judge: (i) appropriate the value of the penhour of maturities to the economic situation and

family of the executed; (ii) tutelise the interests of the executed when it is in question

housing; designate administrator to proceed to the ordinary management of the establishment

commercial pawned; (iii) authorize the fractionation of the pawned building; (iv) approve the

accounts in the execution for de facto provision; (v) authorize the early sale of goods

pawned, in case of deterioration or depreciation or when there is an advantage in the

anticipation of the sale; (vi) decide the lifting of the penhora at opposition headquarters

incidental of the exequent to such lifting, in the face of the executing agent, in the sequence

of application for heir to the debtor.

The designation of the executing agent continues to be able to be done by the exequent in the

executive application, cabling however to the registry when the exequent does not have

designated execution agent or such assignment be without effect. The cessation of functions of the

execution agent may result from replacement promoted by the exequent, owing this

to expose the motive of the replacement, or of removal by the organ with disciplinary competence

on enforcement officers, on the grounds of either the doleful procedural acting or the

repeated violation of the duties imposed on it by the status of the statute.

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In the case of the tramping of the common executive process for payment of right amount,

resumes the distinction (abandoned, unprofited, in 2003), between ordinary form and form

summary. The summary form-characterized by immediate penhour, with dispensation from the

preliminary intervention by the judge and the prior citation of the executed, the application being

executive remitted, without autuation and by electronic means, to the executing agent-

employ it when the executive title is an arbitral or judicial decision (when this

should not be executed in the process itself), an injunction application to which it had

been bets enforceable formula, an extrajudicial title of expired pecuniary obligation,

guaranteed by mortgage or pawn, or an extrajudicial title of pecuniary obligation

expired whose value does not exceed double the court's remit of 1 th instance. In the form

ordinary, ensures the liminal intervention of the judge and the citation of the executed at present

previous to the penhour. In the face of this new formulation, there will be greater judicial control in the

introductory phase of the execution, as executions that until now were principified by the penhour

they will undergo the liminal dispatch, which will enhance the guarantees of the executed.

Still, in the executions that should follow the ordinary form, the possibility is provided for

of the exequent obtaining the prior citation dispensation from the executed, as a matter of urgency,

if you demonstrate the verification of the requirements of the fair fear of loss of the patrimonial guarantee,

applying, then, the stepping stone of the summary executive process.

It innovates with respect to the execution of sentence, consecrating the rule that the execution

of sentencing judicial decision runs on the autos themselves, starting up by simple

application, regardless of the plurality of purposes of the implementation, with the possibility

of penhora of sufficient goods to cover the amount resulting from the eventual conversion of the

executions, the compensation for the damage and the amount due for the title of financial penalty

compulsory.

In the context of the opposition to the implementation, the traditional terminology of the process is repristing

Portuguese civil (embargoes from executed, embargoer and embargoed), to which, without reason

valid, was abolished by the revision of 2003.

CHAIR OF THE COUNCIL OF MINISTERS

The automatic suspension hypothesis of the execution is removed, by the mere effect of the

receipt of the executed embargoes. In this way, as a rule, the receipt of the

embargoes will only suspend the execution upon provision of collateral. However, when the

well pawn for the effective house of housing of the executed, the judge may determine that the

sale wait for the decision to be handed down in 1 th instance over the opposition.

When the execution mortuates into an injunction application to which it has been affixed

enforceable formula, can only be claimed in the embargoes the forecasted fundamentals

for opposition to sentence-based execution, without prejudice to, by verifying fair

impediment to the deduction of opposition to the application for injunction, tempestively

declared before the office of the injunction, may still be alleged to be any other

fundamentals. Regardless of fair impediment, the executed is still admitted to

inferring opposition to the execution on the grounds of the manifest improvenance, total or

partial, of the application for injunction and in the occurrence, in an evident manner, of exceptions

dilatories that, if they had been raised in the injunction procedure, would obstinate to the

affixing of the enforceable formula.

In the field of predictions on the penhour and the penhorability regimes, there are also

changes to be highlighted.

Conspicuous, expressly, that the impending impending two-thirds of maturities or

salaries, periodic benefits or benefits of any nature that will ensure the

subsistence of the executed ( v. g. , rents and income of intellectual property), respects the

net part. Fixed the unrepentance rule of the amount equivalent to a salary

national minimum, when the executed does not have another income and the credit exequendo

is not food (if it is, it is impawable only the equivalent of the social pension of

non-contributory regime).

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Assures the communicability of the debt exequction to the spouse of the executed, in the headings

extrajudicial only subscribed by one of the spouses, by creating, in the execution itself, a

declarative incident, in order to extend the effectiveness of the title to the spouse of the executed, with the

suspension of the sale of the own goods from the executed and the common goods up to the decision of the

incident.

The legal determination of a priority order as to the goods is abandoned

pencilable, for dealing with matter that can only be decided in a case-by-case manner. The

same time, it is established that the enforcement officer should respect the indications of the

exequent as to the goods that this one intends to see as a matter of priority, save if they

to violate imperative standards or to offend the principle of the proportionality of the penhora.

In the penhour of bank deposits, the need for judicial dispatch is abolished,

predicting that the attachment is effected by electronic communication directed by the agent of

execution to the institutions legally authorized to receive deposits in which the executed

dispose of open account. It is shortened to two working days the deadline for observance,

also by electronic communication, from the duty of information to the executing agent

as to the blocked amount, existing balances or non-existence of account or balance.

In the penhour of motor vehicles, in the sense of avoiding concealment and use of the vehicle to

penhorar, it is expected that the attachment will be preceded by immobilisation of the vehicle, being

established the rule of its removal.

In the aim of preventing the executions from extending in time, many of the times

artificially (i.e. when there are no reasons to wait for credit satisfaction

exequendo), decorated three months on the timing of the start of the representations to

penhora, will take place the extinction of the execution, if they are not found hanging goods,

without prejudice to the renewal of the instance, as long as the exequent comes to indicate goods to the

pahours. Aiming to overcome a susceptible factor of hindering, delaying and burdening this extinction

of the execution, in cases where the citation of the executed does not precede the penhour, provides for

that, frustrated the personal citation, there is no place to the edital citation, occurring other than the

extinction of execution.

CHAIR OF THE COUNCIL OF MINISTERS

As for the necessary representations to make the payment, the same must be

effected, compulsorily, within three months of the attachment,

regardless of the further continuation of the apenso of the verification and graduation of credits.

In the cases of periodic income attachment, there has been no opposition, or after

of having been dismissed, the executing agent, after the rebate of the amounts

due to the expenditure title of the implementation, it should deliver directly to the exequent of the

amounts already deposited and adjudicating the vincense amounts, notifying the paying entity

to the effect.

In the scheme of the sale by tender in closed letter, the possibility of the

exequent acquire the good, opening up soon bidding between the exequent and the proponent of the

higher price.

In the face of the proliferation of over-indebtedness situations, the celebration of a

overall plan of payments between exequent, executed and claimant creditors,

involving, specifically, moratoriums or pardons, replacement, total or partial of

guarantees, with the consequent suspension of execution.

Within the framework of the implementation for delivery of the right thing and for de facto delivery, the process

common continues to follow unique form. However, in the execution for delivery of right thing,

if the executive title is a court decision, only after being made the delivery will take place

notification of the executed to deduce opposition, by following, with the necessary

adaptations to the terms of the pecuniary execution in the summary form. When the exequent

intends to provide a fact jointly with the payment of the right amount or

with the delivery of the right thing, the interpellation of the executed to take place in conjunction with

your notification to deduce opposition to payment or delivery.

CHAIR OF THE COUNCIL OF MINISTERS

The acquis of the introduced amendments makes it possible to classify this reform as the most

deep carried out in the Portuguese civil procedure since 1939, which in itself justifies that

are faced with a new civil procedure code, with new systematization, being

refer to the transfer of the provisions relating to the general principles for the precepts

initials and the displacement of the provisions relating to the instruction of the process, as well as the

elimination of some special processes that are currently no longer justified. Such an option

has, in addition to the most, the advantage of putting an end to the authentic "patchwork" in which it is

transformed the diploma, peeved from revoked precepts and deferred precepts (many of them

also already revoked).

It appears clear that the changes brought about involve accountability for all

the procedural actors in moulds and with far more acute consequences and

relevant than those currently in effect.

Much of what today verberates in civil justice relates to the absence of consequences and

cominations for unwarranted barriers and proofs that, almost freely, can

be put in place by all judicial actors.

Naturally, a reform such as the one it is advocated for requires of all a high

self-discipline, a strict awareness of your professional responsibility, what if not

exhausts only in the acting of any of the procedural actors.

The reform contemplates a vast and deep accountability of all, recalling on the

behavioral delinquency consequences that will not allow for irresponsibility.

If it is true, as said, that the audiences will be, by rule, inadicible and that the

schedule of the final hearing will matter to all (judges, lawyers, parties and witnesses)

a strict discipline, also could not the reform fail to impose that in the process if

expressly sign the failure to comply with a deadline for the practice of act by the judge or by

would be secretive, as soon as they elapse, respectively, three months or ten days on the term of the

deadline set for the practice of that act, by consigning the concrete reason of its

inobservance.

CHAIR OF THE COUNCIL OF MINISTERS

There are serious reasons to expect that, by way of the present reform, the Portuguese civil procedure

opens up to modernity and frees out from perfectly unsettling and lathered restraints, for

what judges and lawyers, citizens and companies, will pass on to your hand the instrument

appropriate to obtain a decision within a reasonable time and by an equitable process,

how it imposes us on our fundamental law.

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 Act approves the Code of Civil Procedure.

Article 2.

Approval of the Code of Civil Procedure

It is hereby approved, in annex to this Act, that it forms an integral part, the Code of Procedure

Civil.

Article 3.

Remissions

1-The references, constants of any diploma, to the ordinary declarative process,

summary or summary consider themselves to be made for the common declarative process.

2-In proceedings of a civil nature not provided for in the Code of Civil Procedure, the

references made to the collective court, which should intervene in the terms set out in this

code, consider themselves to be made to the single judge, with the necessary adaptations, without

prejudice to the provisions of Article 6 (5).

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Article 4.

Officiating intervention of the judge

In the course of the first year subsequent to the entry into force of this Law:

a) The judge corrects or invites the party to correct the error on the applicable legal regime

by virtue of the application of the transitional standards provided for in this Law;

b) When from the reading of the joints, requirements or too much procedural parts

result that the party acts in error on the contents of the applicable procedural regime,

may come into practicing an unadmissible act or omit act that is due, shall the

judge, when that practice or omission are still avoidable, promote the

overcoming of the misconception.

Article 5.

Abrogation standard

1-It is repealed the Decree-Law No. 44,129 of December 28, 1961, which proceeded to

approval of the Code of Civil Procedure.

2-It is repealed the Decree-Law No. 108/2006 of June 8, which proceeded to the approval of the

Experimental Civil Procedural Regime.

3-It is repealed the Decree-Law No. 211/91 of June 14, which proceeded to the approval of the

Simplified Civil Procedure Regime.

4-It is repealed the Decree-Law No. 184/2000 of August 10, which proceeded with the approval of the

regime of the markings of trial audiences.

Article 6.

Declarative action

1-Without prejudice to the provisions of the following numbers, the Code of Civil Procedure, approved

in annex to this Act, it shall be immediately applicable to the outstanding declarative actions.

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2-The standards regarding determination of the form of the declarative process are only applicable

to the actions instituted after the entry into force of the Code of Civil Procedure, approved in

annex to this Law.

3-Regulatory standards of the procedural acts of the articulated phase are not applicable to the

outstanding actions on the date of entry into force of the Code of Civil Procedure, approved in

annex to this Law.

4-In the actions which, on the date of the entry into force of this Law, find themselves in the phase of

articulated, must the parties, terminated this stage, be notified to, in 15 days,

present the probative requirements or amend those that have been presented,

by following the remaining terms set out in the Code of Civil Procedure, approved in

annex to this Law.

5-In the pending actions that, on the date of the entry into force of this Law, have already spurred

admitted to the intervention of the collective court, the trial is carried out by this court,

on the terms set out in the date of that admission.

Article 7.

Executive action

1-The standards relating to executive securities, to the forms of the executive process, to the

executive application and to the tramway of the introductory phase only apply to executions

initiated after the entry into force of the Code of Civil Procedure, approved in annex to the

present law.

2-The provisions of articles 719, 720 and 723 of the Code of Civil Procedure, approved in

annex to this Law, applies to executions commencement after the beginning of the term of the

Decree-Law No. 38/2003 of March 8.

3-The executions referred to in the preceding paragraph shall apply still to the provisions of the Code of

Civil procedure, approved in annex to this Law, relatively:

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a) To the procedures and incidents of declarative nature that are deducted

after the entry into force of this Law;

b) To the acts of penhora and to the representations intended for payment that are

practiced subsequent to the entry into force of this Law.

4-The regime set out in Article 748 (3), paragraph 1 and 2 of Article 749, para.

Article 750 and in Article 797 of the Code of Civil Procedure, adopted in annex to the

this law, applies to the executions referred to in paragraph 2.

5-For the purposes of the provisions of the preceding paragraph and without prejudice to the payment of

amounts already settled, the extinction of the execution does not imply the payment of costs

by the exequent, and there is no place for the return of the paid amounts.

6-A The extinction of the execution arising from the provisions of the preceding paragraph does not preclude the

refurbishment of the instance if the exequent indicates pawable goods.

7-In the situation provided for in the preceding paragraph, it applies, with the necessary adaptations, the

Provisions of Article 850 (4) of the Code of Civil Procedure, adopted in annex to the

present law.

8-The Code of Civil Procedure, approved in annex to this Law, does not apply to the

executions initiated before the effective of the Decree-Law No 38/2003 of March 8.

9-Without prejudice to the payment of the amounts already raised in the process, the executions

referred to in the preceding paragraph are thought to be extinct when, not existing goods

pawned, the process is stopped more than 15 days, for lack of indication of the

exequent of concrete goods to be pawned.

10-In the case provided for in the preceding paragraph and without prejudice to the payment of amounts already

settled, the extinction of the execution does not imply the payment of the expense by the

exequent, there is no place for the return of the paid amounts and the drafting of the account

final save when the latter is indispensable.

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11-In the case provided for in paragraph 9, new implementation is initiated on the basis of the same

title, take advantage of the exequiting the effects of the non-deduction of opposition, or its

improvenance, in the extinct execution.

12-Based on execution in application of injunction to which it was bet formula

enforceable, applies to the respective opposition:

a) The provisions of Article 731 of the Code of Civil Procedure, adopted in annex to the

present law, if the application for an injunction has been submitted previously

at the date of entry into force of this Law;

b) The provisions of Article 857 of the Code of Civil Procedure, adopted in annex to the

by this Law, if the application for an injunction has been filed after the

date of entry into force of this Law.

Article 8.

Other provisions

1-To the interlapping resources of decisions rendered from the entry into force of the present

law in actions instituted before January 1, 2008 applies the resource regime

stemming from the Decree-Law No. 303/2007 of August 24, with the amendments now

introduced, with the exception of the provisions of Article 671 (3) of the Code of Procedure

Civil.

2-The Code of Civil Procedure, approved in annex to this Law, shall not apply to the

cautionary procedures instituted prior to its entry into force.

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Article 9.

Entry into force

This Law shall come into force on the July 1, 2013.

Seen and approved in Council of Ministers of November 22, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

Attachment

CIVIL PROCEDURE CODE

BOOK I

Of the action, of the parties and of the Court

Title I

Of the provisions and of the fundamental principles

Article 1.

Prohibition of self-defence

No one is lawful the recourse by force with a view to carrying out or ensuring the right itself,

saved in the cases and within the limits stated in the law.

Article 2.

Guarantee of access to the courts

1-A legal protection through the courts implies the right to obtain, within a reasonable time,

a court decision that appreciates, with force of case judged, the claim regularly

deducted in judgment, as well as the possibility of making it perform.

2-A all the right, except when the law determines otherwise, corresponds to the action

suitable to make him recognize in judgment, to prevent or repair the violation of him and to perform it-

lo coercively, as well as the procedures required to acautelate the useful effect

of the action.

Article 3.

Necessity of the application and contradiction

1-The court cannot resolve the conflict of interest that the action presupposes without the

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resolution is requested by one of the parties and the other is properly called for

deduce opposition.

2-Only in the excecional cases provided for in the law can they make arrangements against

certain person without this being previously heard.

3-The judge shall observe and enforce, throughout the whole process, the principle of the

contradictory, not being licit, unless it manifests itself in disneed, duly

grounded, decide questions of law or de facto, even if of knowledge

officious, without the parties having had the possibility to about them speaking out.

4-At the exceptions deduced in the last admissible articulation can the opposing party respond

at the prior hearing or, not taking place at her, at the beginning of the final hearing.

Article 4.

Equality of the Parties

The court must ensure, throughout the process, a status of equality

substantial of the parties, specifically in the exercise of colleges, in the use of means of

defense and in the application of cominations or procedural sanctions.

Article 5.

Burden of allegation of the parties and powers of cognition of the court

1-It is up to the parties to claim the essential facts that constitute the cause of asking and those in

that are based on the invocations invoked.

2-In addition to the facts articulated by the parties, they are still considered by the judge:

a) The instrumental facts that result from the instruction of the cause;

b) The facts that are a complement to or concretization of those of the parties hajam

alleged and result from the instruction of the cause, provided that about them they have had the

possibility of pronouning;

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c) The notorious facts and those of which the court has knowledge by virtue of the

exercise of its functions.

3-The judge is not subject to the parties ' allegations in the matter of the claim, interpretation and

application of the rules of law.

Article 6.

Duty of procedural management

1-Cumpre to the judge, without prejudice to the impulse burden especially imposed by the law on

parties, actively drive the process and arrange for its ongoing Celere,

by officiously promoting the necessary representations to the normal continuation of the

action, recusing whatever is impertinent or merely dilatory and, heard the parties,

adopting mechanisms for simplification and procedural streamlining that ensure fair

composition of the dispute within a reasonable time.

2-The judge provides officialness for the supply of the lack of procedural assumptions

sanction susceptible, determining the realization of the acts necessary for regularization of the

instance or, when it is in cause some subjective modification of the instance,

inviting the parties to practice them.

Article 7.

Principle of cooperation

1-In the conduct and intervention in the process, must the magistrates, the mandators

judicial and the parties themselves to cooperate with each other, concurring to obtain themselves, with

brevity and effectiveness, the fair composition of the litigation.

2-The judge may, at any time in the process, hear from the parties, their representatives or

judicial tenants, inviting them to provide the clarifications on the matter of

fact or of law that are afflicted pertinent and giving you knowledge to the other party

of the results of the diligence.

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3-The persons referred to in the preceding paragraph are required to attend whenever for

that they are notified and to provide the clarifications that are made to them, without

prejudice to the provisions of Article 417 (3).

4-Whenever some of the parties justifiably find it difficult to obtain

document or information that condicione the effective faculty exercise or the

fulfillment of burden or procedural duty, shall the judge, where possible,

provide for the removal of the obstacle.

Article 8.

Duty of good procedural faith

The parties must act in good faith and observe the duties of cooperation resulting from the

precepted in the previous article.

Article 9.

Duty to reciprocate correction

1-All actors in the process must act in compliance with a duty of

reciprocating correction, paucity of relations between lawyers and magistrates by a

special duty of urbanity.

2-None of the parties shall use, in their writings or oral claims, expressions

unnecessary or unjustifiably offensive of the honour or good name of the other, or

of the respect due to the institutions.

Title II

Of the species of stock

Article 10.

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Species of stock, depending on their end

1-The actions are declarative or executive.

2-Declarative actions may be of simple appreciation, of conviction or constitutive.

3-The actions referred to in the preceding paragraph have an end:

a) Those of simple appreciation, obtain solely the declaration of existence or

non-existence of a right or a fact.

b) Those of conviction, require the provision of a thing or a fact, presupposing

or by forecasting the violation of a right;

c) The constituencies, authorize a change in the existing legal order.

4-Executive actions are said in which the author requires the appropriate arrangements to the

effective redress of the violated right.

5-All the execution is based on a title, by which the end and the limits of the

executive action.

6-The end of the execution, for the purpose of the applicable process, may consist of the payment of

right amount, in the delivery of the right thing or in the provision of a fact, whether positive, or

negative.

Title III

Of the parties

CHAPTER I

Personality and judicial capacity

Article 11.

Concept and measurement of judicial personality

1-A The judicial personality consists of the susceptibility to be a part.

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2-Whoever has legal personality has also judicial personality.

Article 12.

Extension of judicial personality

It has still judicial personality:

a) The jacent inheritance and the similar autonomous heritage whose holder does not

is determined;

b) The associations without legal personality and the special committees;

c) Civil societies;

d) Commercial companies, up to the date of the definitive record of the contract by which

constitute, pursuant to Article 5 of the Code of Commercial Corporations;

e) The resulting condominance of the horizontal property, concerning the actions that if

infall within the scope of the powers of the administrator;

f) The ships, in the cases provided for in special legislation.

Article 13.

Judicial personality of branches

1-Branches, agencies, subsidiaries, delegations or representations may demerits or be

demanded when the action does in fact proceed by them practiced.

2-If the main administration has the registered office or domicile in a foreign country, the branches,

agencies, subsidiaries, delegations or representations established in Portugal may

demoing and being demanded, even if the action derive de facto practiced by the one,

when the obligation has been contracted with a Portuguese or a foreigner

domiciled in Portugal.

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Article 14.

Sanction of lack of judicial personality

The lack of judicial personality of the branches, agencies, subsidiaries, delegations or

representations can be sanctioned upon the intervention of the main administration and the

ratification or repetition of the processed.

Article 15.

Concept and measure of judicial capacity

1-A Judicial capacity consists of the susceptibility to be, by themselves, in judgement.

2-A The judicial capacity is based and by measure the capacity of the exercise of rights.

Article 16.

Supply of disability

1-The unable may only be in judgement through their representatives, or

authorized by your curator, except as to the acts that may exercise staff and

freely.

2-The minors whose exercise of parental responsibilities compete for both parents are

by these represented in judgment, the agreement of both for the

propositiation of shares.

3-When a defendant is a minor subject to the exercise of parental responsibilities of the parents,

must both be cited for the action.

Article 17.

Representation by special curator or interim

1-If the incapable person has no general representative must apply for appointment of him to the court

competent, without prejudice to the immediate designation of an interim curator by the judge of

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cause, in case of urgency.

2-Both in the course of the procedure and in the execution of the sentence, can the curator

interim to practice the same acts that would compete for the general representative, ceasing the

his duties as soon as the appointed representative occupiers the place of him in the process.

3-When the incapable should be represented by special curator, the appointment of it

it is also incumbent on the judge of the cause, applying the provisions of the first part of the

previous number.

4-A incidental appointment of curator shall be promoted by the Public Prosecutor's Office,

may be required by any inheritable relative, when the unable to be

author, owing to it by the author, when the incapable figure as a defendant.

5-The Public Prosecutor's Office is heard, whenever it is not the applicant of the appointment.

Article 18.

Disagreement between parents in the representation of the minor

1-If, being the smallest represented by both parents, there is disagreement between these about

of the convenience of intrying the action, may any of them apply to the competent court

for the cause the resolution of the conflict.

2-If the disagreement only arises in the course of the process, about the orientation of this, it may

any of the parents, within the period of realisation of the first procedural act affected by the

disagreement, require the judge of the cause to provide on the form of the unable to be

in it represented, suspending itself in the meantime the instance.

3-Outer the other parent, when only one of them has required, as well as the

Prosecutor's Office, the judge shall decide in accordance with the interest of the minor, and may assign

the representation to only one parent, designate special curator or confer the representation

to the Public Prosecutor's Office, the appeal of the decision.

4-A count of the suspended term restarts with notification of the decision to the

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designated representative.

5-If there is a need to make intervening a minor in cause pending, there is no

agreement between the parents for the purpose, may any of them require the suspension of the instance

until resolution of the disagreement by the court of the cause, which decides within 30 days.

Article 19.

Judicial capacity of the inabilitie

1-Inabilit can intervene in all actions in which they are parties and must be

quoted when they have the position of defendants, under penalty of whether to check the nullity

corresponding to the lack of citation, even though the curator was cited.

2-A The intervention of the inabilit becomes subordinate to the orientation of the curator, which prevails in the

case of divergence.

Article 20.

Representation of people unable to receive the citation

1-People who, by psychic abnormality or other serious reason, are unable

of receiving the citation for the cause are represented in it by a special curator.

2-A representation of the cessa curator, when it is judged unnecessary, or when

piece together paper showing that it has been declared the interdiction or the inabilitation and

appointed representative to the incapable.

3-A The disneed of the curatorship, whether it is originated, or supervenient, is appreciated

summarily, the application of the curatelate, which can produce any evidence.

4-The appointed representative in the action of interdiction or inabilitation is cited to occupy

in the process the place of curator.

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Article 21.

Defence of the absent and incapable by the Public Prosecutor's Office

1-If the absent or the unable, or their representatives, do not deduct opposition, or if the

absent not to appear in time to deduct it, it is incumbent on the Public Prosecutor's Office to

of them, for what is cited, preferentially by electronic transmission of data, in the

terms set out in the porterium provided for in Article 132 (1), running again the

deadline for contestation.

2-When the Public Prosecutor's Office represents the author, he is appointed an officious defender.

3-Cessa the representation of the Public Prosecutor's Office or of the officious defender as soon as the

absent or your prosecutor will compare, or as soon as it is constituted

judicial of the absent or the incapable.

Article 22.

Representation of the uncertain

1-When the action is proposed against uncertain, for not having the author possibility of

identifying the direct stakeholders in contradicting, are those represented by the

Prosecutor's Office.

2-When the Public Prosecutor's Office represents the author, he is appointed an officious defender to the

unsure.

3-A The representation of the Public Prosecutor's Office or the officious defender only cesses when the

cited as unsure to present themselves to intervene as defendants and their legitimacy if

find properly recognized.

Article 23.

Representation of incapable and absent by the Public Prosecutor's Office

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1-It Is Incumbent on the Public Prosecutor's Office, in representation of incapable and absent, to intry in

doomsday any actions that show itself necessary to the tutelage of your rights and interests.

2-A cThis representation as soon as it is constituted judicial representative of the incapable or

absent, or when, deducting the respected legal representative opposition to the intervention

main of the Public Prosecutor's Office, the judge, weighted the interest of the represented, the

consider proceeded.

Article 24.

Representation of the State

1-The State is represented by the Public Prosecutor's Office, without prejudice to cases in which the law

especially allow the sponsorship by judicial mandator of his own, ceasing to

main intervention of the Public Prosecutor's Office as soon as this is constituted.

2-If the cause has per object goods or rights of the State, but are in the

administration or fruition of autonomous entities, may these constitute counsel that

intervenes in the process together with the Public Prosecutor's Office, for what are cited

when the State is a respondent; there is divergence between the Public Prosecutor's Office and the lawyer,

prevails the orientation of that one.

Article 25.

Representation of other collective persons and societies

1-The remaining collective people and the societies are represented by whom the law, the

statutes or the social pact designates.

2-Being demanded collective person or society who does not have whom the represent, or

occurring conflict of interest between the ré and its representative, the judge of the cause designates

special representative, save if the law sets out another way to ensure the respect

representation in judgment.

3-The duties of the representative referred to in the preceding paragraph shall cease as soon as the

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representation is assumed by who should, in the terms of the law, ensure it.

Article 26.

Representation of entities that are lacking in legal personality

Unless otherwise expressly provided, the autonomous patrimogens are represented by the

its trustees and the societies and associations that are lacking in legal personality,

as well as branches, agencies, subsidiaries or delegations, are represented by the persons who

ajam as directors, managers or administrators.

Article 27.

Supply of judicial incapacity and the irregularity of representation

1-A The judicial incapacity and the irregularity of representation are sanctioned upon

intervention or citation of the legitimate representative or the curator of the incapable.

2-If these ratify the previously practiced acts, the process follows as if the addiction

did not exist; in the contrary case, it is without effect all the further processed to the

moment when the lack has taken place or the wrongdoing has been committed, running again

the deadlines for the practice of the non-ratified acts, which can be renewed.

3-If the verified irregularity consists of the preterition of some of the parents, it has as

ratified the previous sued, when the preterned, duly notified, nothing

say within the time limit set; there being parental disagreement about the repetition of the action

or of the renewal of the acts, the provisions of Article 18 shall apply.

4-Being the incapable author and having the process been annulled from the beginning, if the deadline of

prescription or expiry has in the meantime ended or ends in the two months

immediate to the cancellation, does not consider itself to be completed the prescription or lapse before

finishes these two months.

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Article 28.

Judge's initiative in the supply

1-As soon as it becomes aware of any of the vices referred to in the preceding article, shall the judge,

officiously and at all time, arrange for the regularization of the instance.

2-Incumbent the judge to order the citation of the respondent in whom the must represent him, or, if the lack or

irregularity to respect the author, determine the notification of who should represent him in the

cause to, within the fixed term, ratify, wanting, in whole or in part, the processed

previous, suspending in the meantime the instance.

Article 29.

Lack of authorization or deliberation

1-If the party is properly represented, but missing any permission or

deliberation required by law, is designated the time frame within which the representative must

get your respect for authorization or deliberation, suspending yourself in the meantime the terms of the

cause.

2-Not being the lack sanctioned within the deadline, the respondent is acquitted of the instance, when the

authorization or deliberation should be obtained by the representative of the author; whether it was the

representative of the defendant who was entrusted with prover, the process follows as if the defendant does not

deduced opposition.

CHAPTER II

Legitimacy of the parties

Article 30.

Concept of legitimacy

1-The author is a legitimate part when he has direct interest in demining; the respondent is part

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legitimate when it has direct interest in contradicting.

2-The interest in demandar expresses itself by the usefulness derived from the provenance of the action and the

interest in contradicting for the injury that from that provenance adcomes.

3-In the absence of any indication of the law to the contrary, they are considered holders of the interest

relevant to the effect of legitimacy the subjects of the contested relationship, such as it is

set by the author.

Article 31.

Actions for the tutelage of diffuse interests

They have legitimacy to propose and intervene in the actions and cautionary procedures intended,

specifically, to the defence of public health, the environment, the quality of life, the

cultural heritage and public domain, as well as to the protection of the consumption of goods and

services, any citizen in the enjoyment of their civil and political rights, the associations and

foundations defenders of the interests in question, local authorities and the Public Prosecutor's Office,

on the terms provided for in the law.

Article 32.

Voluntary litisconsortium

1-If the contested material relationship respects several people, the respect action may be

proposed by all or against all concerned; but, if the law or the business is

omisso, action may also be proposed by one alone or against one of the interested,

owing the court, in that case, to know only from the respectful share of the interest

or liability, even if the application covers the whole.

2-If the law or the business allows for the right to be exercised by one or that the obligation

common is required of one stakeholder only, suffice one of them to intervene for

ensure legitimacy.

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Article 33.

Litisconsortium required

1-If, however, the law or the business requires the intervention of the various stakeholders in the relationship

Controversial, the lack of any of them is grounds for illegitimacy.

2-The intervention of all those interested when, by their own

nature of the legal relationship, it is necessary in order for the decision to obtain it to produce its

normal useful effect.

3-A The decision produces its normal useful effect whenever, by not binding though the

remaining interested, can definitely regulate the concrete situation of the parties

relatively to the formulated application.

Article 34.

Actions that have to be proposed by both or against both spouses

1-Should be proposed by both spouses, or by one of them with consent of the

another, the actions of which may result in loss or burdening of goods that only by both

may be alienated or the loss of rights that only by both can be exercised,

including the actions that have per object, directly or indirectly, the home of

family.

2-In the absence of agreement, the court decides on the supply of the consent, having in

consideration of the interest of the family, applying, with the necessary adaptations, the

provisions of Article 29.

3-Should be proposed against both spouses the de facto emerging shares practiced

by both spouses, the de facto emergent shares practiced by one of them, but in

wishing to obtain a susceptible decision to be executed on own goods from the other,

and still the actions understood in paragraph 1.

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Article 35.

The litisconsortium and the action

In the case of required litisconsortium, there is a single action with plurality of subjects; in the

volunteer litisconsortium, there is a simple accumulation of shares, conserving each litigant

a position of independence in relation to their compares.

Article 36.

Coalition of authors and defendants

1-The coalition of authors against one or several defendants is permitted and is permitted to an author

demwalk jointly several defendants, by different requests, when the cause of ordering

be the same and unique or when the applications are with each other in a relation of

prejudiciality or dependence.

2-It is equally licite the coalition when, being though different the cause of asking, the

Provenance of the principal applications depends essentially on the appreciation of the same

facts or the interpretation and application of the same rules of law or clauses of

perfectly analogous contracts.

3-It is admitted to the coalition when the applications deducted against the various defendants are based

in the invocation of the cartular obligation, as to ones, and of the underlying relationship of the underlying relationship,

as for others.

Article 37.

Obstacles to the coalition

1-A The coalition is not admissible when the applications correspond to forms of proceedings

different or cumulation may offend rules of international competence or in

reason of matter or hierarchy.

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2-When applications correspond to forms of process that, although diverse, do not

follow a manifestly incompatible tramway, can the judge authorize cumulation,

whenever in it there is relevant interest or when the joint appreciation of the

pretensions to be indispensable for the fair composition of litigation.

3-Incumbent the judge, in the situation provided for in the preceding paragraph, to adapt the processed to the

authorized cumulation.

4-If the court, officiously or the application of any of the defendants, understands that, no

Notwithstanding the verification of the requirements of the coalition, there is serious inconvenience in which the

causes to be instructed, discussed and adjudicated jointly, determines, in dispatch

reasoned, the notification of the author to indicate, within the prescribed time, what the application or the

requests that continue to be appreciated in the process, under comination of, not doing so,

be the defendant acquitted of the instance as to all of them, applying the provisions of paragraphs 2 and

3 of the following article.

5-In the case provided for in the preceding paragraph, if the new shares are proposed within 30

days, to count from the traffic on trial of the dispatch that ordered the separation, the effects

civilians from the purposeful of the action and the citation of the respondent backward to the date on which these facts

produced themselves in the first process.

Article 38.

Illegal coalition supply

1-Orunning coalition without which among the applications there is the connection required by Article 36,

the judge notifies the author to, within the prescribed time limit, state which application it intends to see

enjoyed in the process, under comination of, not doing so, the defendant being acquitted of the

instance as to all of them.

2-Havendo plurality of authors, are all notified, in the terms of the previous number,

to, by agreement, clarify which requests they want to see appreciated in the

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process.

3-Feel the indication to which allude to the previous figures, the judge absolves the defendant of the instance

relatively to the other applications.

Article 39.

Subsidiary subjective plurality

The subsidiary deduction of the same application, or the deduction of subsidiary request, is admitted,

per author or against a diverse defendant than demand or is in demand of the main title, in the

case of doubt substantiated about the subject of the contested relationship.

CHAPTER III

Judicial sponsorship

Article 40.

Mandatory constitution of lawyer

1-It is mandatory for the constitution of lawyer:

a) In the causes of jurisdiction of courtrooms with a remit, where it is admissible

ordinary resource;

b) In the causes where it is always permissible to appeal, regardless of value;

c) In the resources and causes proposed in the higher courts.

2-Even though the constitution of lawyer, the trainee lawyers, the

solicitors and the parties themselves may make applications in which they do not stand

issues of law.

3-In the causes where, not being mandatory to be made a lawyer's constitution, the parties do not

have constituted judicial representative, the respondent of the witnesses shall be effected by the

judge, further to this suit the procedural plotting to the specifics of the situation.

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Article 41.

Lack of constitution of lawyer

If the party does not constitute counsel, the constitution, the judge, shall be obligatory.

or the application of the opposing party, determines your notification to constitute it within

of the right term, under penalty of the defendant being acquitted of the instance, of having no follow-up to the

resource or to run out of effect the defense.

Article 42.

Representation in the causes in which the constitution of lawyer is not mandatory

In the causes in which it is not mandatory to be made a lawyer's constitution may own

parties to plete for themselves or be represented by trainee lawyers or by solicitors.

Article 43.

How to confer the judicial mandate

The judicial mandate can be conferred:

a) By public instrument or by particular document, pursuant to the Code of the

Notariat and the special legislation;

b) By verbal declaration of the part in the auto of any diligence practicing in the

process.

Article 44.

Content and scope of the mandate

1-The mandate assigns powers to the mandatary to represent the party in all acts and

terms of the main process and respect incidents, even before the courts

superiors, without prejudice to the provisions requiring the outoring of special powers by

part of the mandant.

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2-In the powers that the law presumes conferred on the mandatary is included that of

substabbend the mandate.

3-The understabeling without reservation implies the exclusion of the previous term.

4-A The effectiveness of the mandate depends on acceptance, which can be manifested in the

public instrument or in particular document, or result of behavior

conconclusive of the mandatary.

Article 45.

General and special powers of the judicial authorities

1-When the party declares in the power of attorney that it grants forensic powers or to be

represented in any action, the mandate has the extent set out in the previous article.

2-Judicial mandators can only confess to the action, transigir about their object and

give up the application or instance, when they are worldly of proxy that the

authorized expressly to practise any of these acts.

Article 46.

Confession of facts made by the mandatary

The assertions and express confessions of facts, made by the mandatary in the joints,

link the part, save if they are rectified or withdrawn while the opposing party does not

has accepted it specifiely.

Article 47.

Revocation and resignation of the mandate

1-A The revocation and the waiver of the mandate must take place in the process itself and are

notified, either to the mandant or to the mandant, and to the opposing party.

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2-The effects of revocation and renunciation shall be produced from the notification, without prejudice

of the provisions of the following numbers; the waiver is personally notified to the mandant,

with the warning of the effects provided for in the following number.

3-In cases where the constitution of lawyer is mandatory, if the party, after

notified of the waiver, do not constitute new mandatary within 20 days:

a) The instance is suspended, if the lack is of the author or the exequent;

b) The process follows its terms, if the lack is of the defendant, the executed or the

required, taking advantage of previously practiced acts;

c) Extinguish the procedure or incident inserted in the tramway of any

action, if the lack is of the applicant, the opoiety or the embargoer.

4-Being the mandatory sponsorship, if the defendant, the recount, the executed or the required no

can be notified, shall be appointed officialily in accordance with paragraph 3 of the

article 51.

5-The lawyer appointed under the terms of the preceding paragraph shall be entitled to examination of the proceedings,

by the time limit of 10 days.

6-If the defendant has deducted reconvention, this one gets without effect, when it is his lack to which

refers to paragraph 3; being the lack of the author, it follows only the reconventional, decorated request

that are 10 days on the suspension of the action.

Article 48.

Lack, insufficiency and irregularity of the mandate

1-A lack of proxy and its insufficiency or irregularity may, at any time,

be argued by the opposing party and aroused officiously by the court.

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2-The judge sets the deadline within which it must be suppressed the lack or corrected the addiction and

ratified the processed, fining which, without it being regularized the situation, lies without

effect all that has been practiced by the mandatary, and this shall be condemned in the

cost of respect and, if it has acted culposefully, in the compensation of the damage to which

has given cause.

3-Whenever the addiction results from excessive tenure, the court participates in the occurrence of the

Respecting district council of the Order of Lawyers.

Article 49.

Sponsorship in title of business management

1-In cases of urgency, judicial sponsorship can be exercised as a management of

business.

2-However, if the party does not ratify the management within the time limit set by the judge, the manager is

doomed at the expense that provoked and in the compensation of the damage caused to the party

contrary or to the part whose management took over.

3-The order that sets the deadline for ratification shall be notified personally to the Party whose

sponsorship the manager took over.

Article 50.

Technical assistance to lawyers

1-When in the process if they raise questions of a technical nature for which it does not have the

necessary preparation, can the lawyer make themselves watch, during the production of the proof and

the discussion of the cause, of person endowed with special competence to occupy themselves of the

issues raised.

2-Up to 10 days prior to the final hearing, the lawyer indicates in the process the person who

chose and the issues so that it reputes convenient to its assistance, giving itself soon

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knowledge of the fact to counsel for the opposing party, who may use equal right.

3-A The intervention can be refused, when you judge yourself unnecessary.

4-In relation to the issues for which it has been designated, the technician has the same

rights and duties that the lawyer, but must render their contest under the direction of this

and it cannot produce oral claims.

Article 51.

Officious appointment of lawyer

1-If the party does not find in the court circumscription who voluntarily accepts his / her

sponsorship, can address the chairman of the district council of the Order of Lawyers

or to the respected delegation to appoint him / her lawyer.

2-A appointment will be made without delay and notified to the nominee, who can claim escusa

within five days; in the lack of escusa or when this is not legitimate adjudication by

who made the appointment, should the lawyer exercise the sponsorship, under penalty of procedure

discipline.

3-To the appointment of counsel in the cases of urgency applies, with the necessary

adaptations, the willing for urgent appointments in criminal proceedings.

Article 52.

Officiating appointment of solicitor

Being required the appointment of solicitor, is applicable, with the necessary adaptations, the

provisions of the previous article.

CHAPTER IV

Special provisions on executions

Article 53.

Legitimacy of the exequent and the executed

1-A The implementation has to be promoted by the person who in the executive title figure as

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creditor and shall be instituted against the person who in the title has the position of debtor.

2-If the title is to the holder, it shall be the execution promoted by the bearer of the title.

Article 54.

Deviations from the general rule of the determination of legitimacy

1-There has been succession in law or obligation, must the execution run between the

successors of the persons who in the title appear as creditor or debtor of the obligation

exequcence; in the application itself for the execution the exequent deduces the facts

constitutive of the succession.

2-A execution by debt prolife of real guarantee on third-party goods follows directly

against this, if the enforceable intends to enforce the guarantee, without loss of power since

soon to be also demanded the debtor.

3-When the execution has been moved only against the third party and recognizes itself to

insufficiency of the goods burdened with the actual guarantee, may the exequent require, in the

same process, the continuation of the executive action against the debtor, which is

respondent to complete credit satisfaction by exequendo.

4-Belonging the onerated goods to the debtor, but being they in possession of third party, may

this being since soon demanded together with the debtor.

Article 55.

Enforceability of the sentence against third parties

The execution founded on sentencing judgment can be promoted, not only against the

debtor, but still against the persons in respect of which the sentence has force of case

judged.

Article 56.

Coalition

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1-Where the impeditive circumstances provided for in paragraph 1 of the article do not occur

709., is permitted:

a) A number of related creditors demeanors the same debtor or various debtors

litisconsorts;

b) To one or several litisconsort creditors, or to a number of affiliated creditors, demigher

several related debtors, provided that they are obliged in the same title;

c) To one or several litisconsort creditors or to several related creditors demigher

several related debtors, holders of quinlion in the same heritage

autonomous or rights relating to the same good indivism, on which to do

focus on the penhora.

2-Do not preclude the cumulation to the circumstance of being illiquid some of the amounts, provided that the

settlement depended solely on arithmetic operations.

3-It shall apply to the coalition the provisions of Article 709 (2 a) 5 for the cumulation of

executions.

Article 57.

Legitimacy of the Public Ministry as an enforceable

It is incumbent on the Public Prosecutor's Office to promote the execution on charges and court fines imposed

in any process.

Article 58.

Mandatory judicial sponsorship

1-Parties have to make themselves represented by counsel in the executions of higher value to the

stretch of Relation and in those of value equal to or less than this amount, but superior to the alison of the

court of first instance, when some procedure takes place that follows the

terms of the declarative process.

2-In the apenso of verification of credits, attorney sponsorship is only required when

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is claimed some credit of superior value to the winged of the court of first instance

and just for appreciation of it.

3-The parties have to make themselves represented by lawyer, trainee lawyer or solicitor

in the higher value executions at the alt of the court of first instance no

covered by the previous figures.

Title IV

From the Court

CHAPTER I

Of the general provisions on competence

Article 59.

International competence

Without prejudice to what is found in European regulations and in others

international instruments, Portuguese courts are internationally competent

when you check any of the connecting elements referred to in Articles 62 and 63 or

when the parties have assigned them competence under Rule 94.

Article 60.

Determinant factors of competence in the internal order

1-A The jurisdiction of the judicial courts, within the scope of civil jurisdiction, is regulated

jointly by the established in the laws of judicial organization and the provisions

of this Code.

2-In the internal order, the jurisdiction is retained by the different courts according to matter, the

value of the cause, the judicial hierarchy and the territory.

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Article 61.

Change in competence

When change in the regulatory law of competence deemed relevant as to

to the pending proceedings, the judge officiously orders his shipment to the court that the

new law consider competent.

CHAPTER II

From international competence

Article 62.

Factors of attribution of international competence

Portuguese courts are internationally competent:

a) When the action can be proposed in Portuguese court under the rules of

territorial competence established in Portuguese law;

b) When the invoked right cannot become effective but by means of action

proposed in Portuguese territory or check itself for the author difficulty

appreciable in the purposeful of the action abroad, provided that among the object of the

litigation and the Portuguese legal order there is a ponderous element of connection,

personal or real.

Article 63.

Exclusive competence of Portuguese courts

Portuguese courts are exclusively competent:

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a) In respect of real rights on real estate and rental of situated real estate

in Portuguese territory; however, in respect of leasing contracts of

real estate celebrated for temporary personal use for a maximum period of six

consecutive months, the courts of the Member State shall also be competent

of the European Union where the defendant has domicile, provided that the lessee is

a natural person and the owner and the lessee have domicile at the same

General Staff;

b) In respect of validity, nullity or dissolution of corporations or other

collective persons who have their registered office in Portugal, as well as in respect of

validity or nullity of the decisions of its organs; to determine that seat, the

Portuguese court applies its rules of private international law;

c) On the validity of inscriptions in public records kept in

Portugal;

d) In respect of executions on real estate located in Portuguese territory;

e) In respect of insolvency or revitalization of persons domiciled in Portugal

or of collective persons or societies whose registered office is situated in territory

Portuguese.

CHAPTER III

Of internal competence

SECTION I

Competence on the grounds of matter

Article 64.

Jurisdiction of judicial courts

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It is the jurisdiction of the judicial tribunals the causes that are not assigned to another

court order.

Article 65.

Courts and sections of specialized competence

The laws of judicial organization determine which causes, in the grounds of matter, are

of the jurisdiction of the courts and of the endowed sections of specialized competence.

SECTION II

Competence on the grounds of value

Article 66.

Central and local instances

The laws of judicial organization determine which causes, by their value, to be

in the competence of the central instance and the local instance.

SECTION III

Competence on the grounds of the hierarchy

Article 67.

Courts of 1 th instance

It is incumbent on the courts of first instance to know the resources of the decisions of the

notaries, from the Conservatives of the Registry and others who, under the law, to them should

be interposed.

Article 68.

Relations

1-Relations know of the resources and causes that by law are of their competence.

2-Compete to the Relations the knowledge of the interposed appeals of decisions rendered

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by the courts of 1 th instance.

Article 69.

Supreme Court of Justice

1-The Supreme Court of Justice knows of the resources and causes that by law are from the

your competence.

2-Compete to the Supreme Court of Justice the knowledge of the interposed resources of

decisions rendered by the Relations and, in the cases specially provided for by the law, by the

courts of 1. instance.

SECTION IV

Competence on the grounds of the territory

Article 70.

Plight of the situation of the goods

1-Should be proposed in the court of the situation of the goods the shares concerning rights

real or personal enjoyment of enjoyment on real estate, the common thing division action, of

eviction, preferably and specific execution on real estate, and still those of reinforcement,

replacement, reduction or expungement of mortgages.

2-The actions of reinforcement, replacement, reduction and expungation of mortgages on ships and

aircraft are, however, instituted in the circumscription of the respective matriculation, and may the

author opts for any of them if the mortgage covers furniture enrolled in

diverse constituencies.

3-When the action is to object a de facto universality, or movable property and

real estate, or real estate situated in different constituencies, is proposed in court

corresponding to the situation of the highest-value real estate, owing to this

effect to the values of the predial matrix; if the building that is object of the action is situated in

more than one territorial constituencies, it may be proposed in any of the

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constituencies.

Article 71.

Competence for the fulfilment of the obligation

1-A action intended to require the fulfilment of obligations, the compensation for the non-

compliance or defective compliance and the resolution of the contract for lack of

compliance is proposed in the court of the home of the defendant, and the creditor may opt for the

court of the place in which the obligation should be complied with, when the respondent is a person

collective or when, by situating the domicile of the creditor in the metropolitan area of Lisbon

or from Porto, the respondent has domicile in the same metropolitan area.

2-If the action is intended to effect the civil liability based on the unlawful fact or

founded at risk, the competent court is the corresponding to the place where the fact

occurred.

Article 72.

Divorce and separation

For the actions of divorce and separation of persons and goods is competent the court of the

domicile or the residence of the author.

Article 73.

Action of honorariums

1-For the action of fees of judicial or technical mandators and for the collection of the

amounts in advance to the customer, is competent the court of the cause in which it was rendered the

service, owing that run by apenso to this one.

2-If the cause has been, however, instituted in the Relation or the Supreme Court of Justice, the

action of honorariums will run in the court of the comarch of the debtor's domicile.

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Article 74.

Regulation and breakdown of coarse failure

The court of the port where it is or should be handed over the cargo of a ship, which it suffered

thick breakdown, it is competent to regulate and redepart this breakdown.

Article 75.

Losses and damage by abalroation of ships

The action of losses and damage by abalone of ships may be proposed in the court of the place

of the accident, in that of the domicile of the owner of the abalone ship, in the of the place to which they belong or

where that ship is found and in the of the place of the first port in which to enter the ship

shaken.

Article 76.

Salaries for salvation or assistance from ships

Wages due for salvation or assistance from ships may be required in court

of the place in which the fact occurs, in that of the domicile of the owner of the objects saved and in the place

the one that belongs to or where the ship is found to be found.

Article 77.

Extinction of privileges on ships

The action to be judged free of privileges a ship purchased for free of charge or

onerous is proposed in the court of the port where the ship was found to be outbreak at the time of the

acquisition.

Article 78.

Cautionary procedures and advance representations

1-As for cautionary procedures and prior representations to the proposition of the action,

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observe the following:

a) The arrest and the burrow so much can be required in the court where it should be

proposed the respect of the respect, as in the place where the goods meet or, if

there are goods in various comarks, in that of any of these;

b) For the new labor embargo it is competent the court of the place of the works;

c) For the other cautionary procedures is competent the court in which it should be

proposed the respect to the action;

d) Early evidence of production of evidence is required in the court of the

place in which they are to be effectuated.

2-The process of the acts and representations referred to in the preceding paragraph shall be appended to that of the

respect, for what is to be remitted, when it becomes necessary, to the court in

that this is proposed.

Article 79.

Avulous notifications

Avulous notifications are required in the court in whose area the person is to notify.

Article 80.

General rule

1-In all cases not provided for in the preceding Articles or in special provisions is

competent for the action the court of the home of the respondent.

2-If, however, the respondent does not have habitual residence or is unwell or absent, it is demanded

in the court of the domicile of the author; but the curatorship, provisional or final, of the goods of the

absent is required in the court of the last domicile he had in Portugal.

3-If the respondent has the domicile and the residence in foreign country, it is demanded in court

of the place to be found; not to be found in Portuguese territory, is

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demanded in the home of the author, and, when this domicile is in foreign country,

is competent for the cause the court of Lisbon.

Article 81.

General rule for collective people and societies

1-If the respondent is the state, the court of the defendant's domicile replaces that of the domicile of the

author.

2-If the respondent is another collective person or a society, it is demanded in the court of the headquarters

of the main administration or at that of the branch office, agency, branch office, delegation or

representation, as the action is directed against the one or against these; but the action

against collective persons or foreign societies, who have branches, agency, branch,

delegation or representation in Portugal may be proposed in the court of the headquarters of these,

yet the citation of the main administration is sought.

Article 82.

Plurality of defendants and cumulation of orders

1-Havendo more than one respondent in the same cause, must all be in demand in the court of the

household of the largest number; if it is equal the number in the different domiciles, it may

author chooses that of any of them.

2-If the author cumulates applications for whose assessment they are territorially competent

diverse courts, can choose any of them for the purposeful of the action, save if the

competence to appreciate some of the requests relying on some of the elements of

connection that allow for the officiating knowledge of the relative incompetence; in this case, the

action is proposed in that court.

3-When they are cumulated, however, applications among which there is a relationship of dependence

or subsidiarity, must the action be proposed in the competent court for the assessment

of the main request.

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Article 83.

Competence for the judgment of resources

Appeals must be brought to the court to which it is hierarchically subordinate

the one of which one draws.

Article 84.

Actions in which you are party to the judge, your spouse or certain relatives

1-For the actions in which it is part of the right judge, your spouse, some of your descendant or

ascending or who with it conlive in common economics and who should be

motions in the constituency in which the judge exercises jurisdiction, is competent the court of

judicial circumscription whose head office is the shortest distance from the seat of that.

2-If action is proposed in the circumscription where the unimpeding judge exercises jurisdiction or if

this is placed there being already pending the cause, it is the process referred to the

nearest circumscription, observed the provisions of Article 116, and may the consignment

be required in any state of the cause, up to the sentence.

3-The judge of the cause may order and practise in the circumscription of the judge barred all acts

necessary to the progress and instruction of the process, as if it were judge of that

circumscription.

4-The provisions of the preceding paragraphs shall not apply in the constituencies in which there is more

of a judge.

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SECTION V

Special provisions on executions

Article 85.

Competence for the execution founded on sentence

1-In the execution of a decision delivered by Portuguese courts, the executive application is

presented in the process in which the one was handed down, running the execution on the own

autos, except where the process has meanwhile risen in appeal, cases in which

runs on the backside.

2-When, pursuant to the law of the judicial organization, be competent for the implementation

specialized section of execution, must the autos or the trasside, officiously and with

character of urgency, be remitted to that.

3-If the decision has been handed down by arbitrators in arbitration that has taken place in

portuguese territory, it is competent for the execution of the court of the comarch of the place of the

arbitration.

Article 86.

Execution of sentence handed down by higher courts

If the action has been proposed in the Relation or the High Court of Justice, it is competent

for the execution of the court of the domicile of the executed, save for the special case of Article 84,

in any case, low the backside or the declarative process to the competent court for the

execution.

Article 87.

Execution for costs, fines and compensation

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1-For the execution at the expense, by fines or for the claims referred to in Article 542.

and analogous precepts, is competent the court in which there is the proceeding in which

has taken place the notification of the respect account or liquidation.

2-A execution at the expense, by fines or by the compensation runs by apenso to the

respect process.

Article 88.

Execution at the expense, fines and compensation derived from conviction in

superior courts

When the conviction at expense, fine or compensation has been handed down in the Relation

or in the Supreme Court of Justice, the execution runs in the court of 1 th instance

competent, from the area in which the process there is correct.

Article 89.

General rule of competence in respect of executions

1-Saved in the special cases provided for in other provisions, it is competent for the implementation of the

court of the domicile of the executed, and may the enforceable opt for the court of the place

where the obligation should be fulfilled when the executed is a collective person or

when, by situating the domicile of the exequent in the metropolitan area of Lisbon or the

Porto, the executed has domicile in the same metropolitan area.

2-However, if the execution is for delivery of right thing or by debt with real warranty,

are, respectively, competent the court of the place where the thing finds itself or that of the

situation of the burdening goods.

3-When the execution there is to be instituted in the court of the domicile of the executed and this

you do not have a domicile in Portugal, but here you have goods, you are competent to carry out the

court of the situation of these goods.

4-It is also competent to the court of the situation of the goods to be carried out when the execution

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there is to be instituted in Portuguese court, by way of point (s) b) of Article 63, and not

occur none of the situations provided for in the previous articles and in the preceding paragraphs

of this article.

5-In the cases of cumulation of executions for whose appreciation they are territorially

competent various courts, it is competent the court of the domicile of the executed.

Article 90.

Execution founded on foreign sentence

The competence for the execution founded on foreign sentencing determines on the terms

of Article 86.

CHAPTER IV

Of the extent and modifications of the competencies a

Article 91.

Jurisdiction of the court in relation to incidental matters

1-The competent court for action is also competent to know about the incidents

that in it stand up and the issues that the defendant raise as a means of defense.

2-A The decision of the issues and incidents raised does not constitute, however, if judged outside

of the respect process, except if any of the parties apply for the trial with that

amplitude and the court is competent from the international point of view and on the grounds of

matter and the hierarchy.

Article 92.

Harmful issues

1-If the knowledge of the object of the action depends on the decision of an issue that is of the

competency of the criminal court or the administrative court, can the judge excel at the

decision until the competent court commented.

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2-A suspension is without effect if criminal action or administrative action is not exercised

within a month or if the respect process is stopped, by negligence of the parties,

during the same time frame; in this case, the judge of the action will decide the damaging question, but the

your decision does not produce effects outside of the process in which it is delivered.

Article 93.

Competence for the reconventional issues

1-The court of action shall be competent for matters deducted by way of reconvention,

provided that it has competence for them on the grounds of nationality, matter and

hierarchy; if it does not have it, it is the acquitted reconnoption of the instance.

2-When, by virtue of the reconvention, the court shall cease to be competent on the grounds of the

value, must the judge officiously refer the case to the competent court.

Article 94.

Deprivative and ascribed pacts of jurisdiction

1-The parties may convenor the competent jurisdiction to address a dispute

determined, or disputes eventually arising from certain legal relationship, provided

that the contested relationship has connection to more than one legal order.

2-A Conventional designation may involve the assignment of exclusive competence or

merely alternative with that of the Portuguese courts, when this exists, presumed-

if it is unique in case of doubt.

3-A The election of the venue is valid only when you cumulatively check the following

requirements:

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a) To say respect to a dispute on available rights;

b) Be accepted by the law of the designated court;

c) Be justified by a serious interest of both parties or of one of them, provided that

does not involve serious inconvenience to the other;

d) Do not relapt on the matter of the exclusive jurisdiction of Portuguese courts;

e) Result of written agreement or confirmed in writing, owing to it

express mention of the competent jurisdiction.

4-For the purposes of the provisions of the preceding paragraph, the agreement shall be deemed to be reduced in writing

document constant signed by the parties, or the emergent exchange of letters, telex,

telegrams or other means of communication from which it is written proof, or such

instruments directly contain the agreement, whether from them consents remission clause

for some document in which it is contained.

Article 95.

Conventional competence

1-The rules of competence on the grounds of matter, hierarchy and the value of the cause do not

may be driven away by the will of the parties; but it is permitted to them to ward off, by

express convention, the application of the rules of competence on the grounds of the territory, save

in the cases referred to in Article 104.

2-The agreement shall meet the requirements of the form of the contract, source of the obligation,

provided that it is reduced in writing, in accordance with paragraph 4 of the previous article, and shall

to designate the matters referred to and the discretion of the court that is

being competent.

3-A The competence founded on the stipulation is as mandatory as the one that derives from the law.

4-A The designation of the issues covered by the agreement may be made by the specification of the

legal fact that is susceptible to originate.

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CHAPTER V

Of the guarantees of competence

SECTION I

Absolute incompetence

Article 96.

Cases of absolute incompetence

They determine the absolute incompetence of the court:

a) The infraction of the rules of competence on the grounds of matter and hierarchy and of the

rules of international competence;

b) The pretertition of arbitral tribunal.

Article 97.

Regime of argumentation-Legitimacy and opportunity

1-A absolute incompetence can be argued by the parties and, except if the violation is elapsed

of privacy pact of jurisdiction or of pretertition of voluntary arbitral tribunal, shall be

raised officiously by the court as long as there is no sentence with transit in

judged to be on the background of the cause.

2-A violation of the rules of competence on the grounds of matter that only respect the

court tribunals can only be argued, or officiously known, until it is prowound

dispatch saneador, or, no place to this one, until the beginning of the final hearing.

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Article 98.

At which point you must know yourself of incompetence

If incompetence is argued before it is delivered the saneador dispatch, it may

get to know her immediately or set aside for appreciation for that dispatch; if it is

argued subsequently to the order, must know itself soon from the argument.

Article 99.

Effect of absolute incompetence

1-A The verification of absolute incompetence implies the absolvition of the defendant of the instance or the

dismissal in order to order liminal, when the process behaves it.

2-If incompetence is enacted after finishes the joints, can these

take advantage of as long as the author requires, within ten days of the transit in

trial of the decision, the referral of the case to the court in which the action should have been

proposal, not offering the defendant justified opposition.

3-Do not apply the provisions of the previous number in the cases of deprivative pact violation of

jurisdiction and pretertition of the arbitral tribunal.

Article 100.

Value of the decision on absolute incompetence

The decision on absolute incompetence of the court, although transite on trial, does not have

value some outside of the process in which it was handed down, save the provisions of the following article.

Article 101.

Definitive fixing of the competent court

1-If the court of the Relation decides, on appeal, that a court shall be incompetent, in

reason of matter or hierarchy, to know of certain cause, the Supreme Court of

Justice decides, in the appeal that comes to be brought, which the court has competent; in this

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case, is heard from the Public Prosecutor's Office and in the court which is declared competent no

may again raise the question of competence.

2-If the Relation has judged incompetent the court of law for the cause to belong to the

scope of administrative and tax jurisdiction, the appeal to set the court

competent is interposed for the Court of Conflicts.

3-If the same action is already pending in another court, it applies, in the setting of the court

competent, the regime of conflicts.

SECTION II

Relative incompetence

Article 102.

In which cases do you check

The infraction of the rules of competence founded on the value of the cause, in the judicial division of the

territory or arising from the stipulation in the Conventions provided for in Articles 94 and 95.

determines the relative incompetence of the court.

Article 103.

Regime of the argumentation

1-A relative incompetence can be argued by the respondent, the term of the argument being the

fixed for contestation, opposition or response or, when there is no place at all, to

another means of defense that has the faculty of deducing.

2-Being the incompetence argued by the respondent, can the author answer in the articulate

subsequent to the action or, where there is no place to this, in articulation of its own, within 10

days after the notification of the delivery of the defendant's articulate.

3-The defendant must state his / her evidence with the articulate of the argument, fit to the author

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offer yours in the articulate of the answer.

Article 104.

Officiating knowledge of relative incompetence

1-A incompetence on the grounds of the territory shall be known officiously by the court,

where the autos provide the necessary elements, in the following cases:

a) In the causes referred to in Article 70, the first part of paragraph 1 and paragraph 2 of the

Article 71, Articles 78, 83 and 84, Article 85 (1), the first part of the n.

1 and Article 89 (2);

b) In proceedings whose decision is not preceded by citation of the respondent;

c) In the causes that, by law, should run as reliance on another process.

2-A incompetence in reason of the value of the cause is always of the officiating knowledge of the

court, whatever the action in which it is arising.

3-The judge shall raise and decide the issue of incompetence until the saneador dispatch,

may the decision be included in this time when the court judges competent; no

by taking place the saneador, may the issue be raised until the prowling of the first

dispatching subsequent to the term of the joints.

Article 105.

Instruction and judgment of the exception

1-Produced the indispensable evidence to the appreciation of the deducted exception, the judge decides

what is the competent court for action.

2-A The decision transitioned on trial definitively resolves the issue of competence,

even though this has been officiously aroused.

3-If the exception is adjudicated proceeded, the case is referred to the competent court.

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4-From the decision that appreciates the competence rests with the complaint, with suspensive effect, to the

chairman of the Relative Relation, which decides definitely the issue.

Article 106.

Regime in the case of plurality of defendants

If there is more than one defendant, the sentence produces effect with respect to all; but when the

exception is deducted only by one, may the others contesting, for what are notified

on the same terms as the author.

Article 107.

Illicit attempt at disaffection

The incompetence may merge into the fact that a foreign individual has been in demand

cause to deviate from the real defendant of the territorially competent court; in this case,

the decision that adjudicates incompetent the court sentences the author to fine and damages

as a litigant of bad faith.

Article 108.

Regime of the incompetence of the court of appeal

1-The time limit for the argument of the incompetence of the court of appeal is 10 days, to be counted

of the first notification that is made to the defendant or of the first intervention that he

have in the process.

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2-The judgment of the exception applies to the provisions in the previous articles, made the

necessary adaptations.

SECTION III

Conflicts of jurisdiction and competence

Article 109.

Conflict of jurisdiction and conflict of competence

1-There is conflict of jurisdiction when two or more authorities, belonging to various

activities of the State, or two or more courts, integrated into jurisdictional orders

different, whether arrogate or declines the power of knowing the same issue: the conflict

says positive in the first case and negative in the second.

2-There is conflict, positive or negative, of competence when two or more courts of the

same jurisdictional order if they consider themselves competent or incompetent to know

of the same issue.

3-There is no conflict as long as they are susceptible to appeal the decisions rendered on the

competence.

Article 110.

Rules for the resolution of conflicts

1-The conflicts of jurisdiction are resolved, as the cases, by the Supreme Court of

Justice or the Court of Conflicts.

2-The conflicts of competence are solved by the president of the lower court

category that exercises jurisdiction over the authorities in conflict.

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3-The process to be followed in the judgment of the conflicts of jurisdiction whose resolution falls to the

Court of Conflicts is the established in the respect of legislation.

4-In the judgment of conflicts of jurisdiction or competence whose resolution falls to the

common courts follows the provisions of the following articles.

Article 111.

Request for resolution of the conflict

1-When the court becomes aware of the conflict, it shall officiously raise its resolution

together with the president of the competent court to decide.

2-A The resolution of the conflict may also be raised, by either party or by the

Prosecutor's Office, upon application addressed to the president of the court

competent to decide.

3-The process of conflict resolution has an urgent character, running on the autos themselves

when it's negative.

Article 112.

Subsequent tramping

1-The parties or the party contrary to the one that raises the resolution of the conflict may pronounce

within five days.

2-Then the process goes with a view to the Prosecutor's Office for the period of five days.

Article 113.

Decision

1-If the president of the court understands that there is no conflict, it immediately indefere the

request.

2-If the president of the court understands that there is conflict, he decides it summarily.

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3-A The decision is immediately communicated to the courts in conflict and to the Ministry

Public and notified to the parties.

Article 114.

Application of the case to other cases

The provisions of Articles 111 to 113 shall apply to any other conflicts that should be

resolved by the Relations or by the Supreme Court of Justice and also:

a) To the case that the same action is pending in different courts and has passed the

deadline to be opposed to the exception of incompetence and the exception of

litispendency;

b) To the case that the same action is pending in different courts and one of them has

competent judgment, may not already be argued before the other or others or the

exception of incompetence nor the exception of litispendency;

c) To the case of one of the courts if you have found yourself incompetent and have warrant to refer the

process for court other than the one in which it pens the same cause, no

and may already be argued before this neither the exception of incompetence nor the

exception of litispendency.

CHAPTER VI

From the guarantees of impartiality

SECTION I

Impediments

Article 115.

Cases of impediment of the judge

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1-No judge may exercise his or her duties, in contentious or voluntary jurisdiction:

a) When it is a party to the cause, by you or as a representative of another person, or

when in it has an interest that would allow it to be a main part;

b) When it is part of the cause, by you or as the representative of another person, your

spouse or some of their relative or afim, or in a straight line or in the second grade of the

collateral line, or when some of these people have in the cause an interest

that allows you to figure in it as a main part;

c) When you have intervened in the cause as a mandatary or expert or when there is

that you decide on whether you have given it opinion or have pronounced it,

even though orally;

d) When you have intervened in the cause as a judicial mandator your spouse or

any of your relative or afim on the straight line or the second grade of the collateral line;

e) When dealing with an interposed appeal in process in which you have had

intervention as a judge of another court, wants to prowling the contested decision,

want to take another position on issues raised in the appeal;

f) When dealing with decision appeal handed down by some of your relative or afim,

in a straight line or in the second grade of the collateral line, or decision that has

pronounced on the prowound by some of his relative or afim in these conditions;

g) When it's part of the person's cause that against him proposed civil action to

damage compensation, or that against him deducted criminal prosecution, in

consequence of facts practiced in the exercise of their duties or because of

of them, or when it is part of that person's spouse or a relative of hers or afim,

in a straight line or in the second grade of the collateral line, as long as the action or the

prosecution has already been admitted;

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h) When there is deposed or has to depose as a witness;

i) When it is in situation provided for in the previous paragraphs that with the judge

live in common economics.

2-The impediment of the point d) of the preceding paragraph only occurs when the mandatary already

has begun to exercise the mandate at the time when the judge was placed on the respect

judgment; in the inverse hypothesis, it is the mandatary who is inhibited from exercising patronage.

3-In judgements that there is more than one judge or before the superior courts cannot be

admitted as a judicial representative to the spouse, relative or afim in a straight line or in the

second degree of the collateral line of the judge, as well as the person who with him alive in

common economy, which by virtue of distribution, there is to intervene in the judgment of the

cause; but, if that person has already required or alleged in the process at the time of

distribution, it is the judge who gets impephing.

Article 116.

Duty of the unimped judge

1-When any of the causes provided for in the previous article, the judge must state-

if prevented, and the parties may apply for the declaration of the impediment until the sentence.

2-From the order delivered on the impediment of any of the Judges of the Relation or of the

Supreme Court of Justice may complain to the conference, which decides with all

the judges who should intervene, except the one to whom the impediment respects.

3-Declared the impediment, the cause passes to the substitute judge, with the exception of the case

provided for in Article 84 (2).

4-In the higher courts, the provisions of Article 217 (1) are observed, if the

impediment to respect to the rapporteur, or cause passes to the immediate judge, if the impediment

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respect to any of the adjoining.

5-It is always admissible appeal of the decision to dismiss to the court immediately

top.

Article 117.

Causes of hindrance in the collective courts

1-They cannot intervene simultaneously in the trial of collective court judges who

are spouses, relatives or related in a straight line or in the second grade of the collateral line.

2-Of the judges bound by marriage, kinship, or affinity to which the number is referred

previous, will not intervene the judge with lower seniority of service, save if it compeates with

drafting of the judgment, in which case it will not intervene the one that precedes it in seniority.

3-The provisions of paragraph shall apply. i) of Article 115 (1).

Article 118.

Impediments from the Public Prosecutor's Office and the officials of the Registry

1-The representatives of the Public Prosecutor's Office shall apply to the provisions of the a), b ), g) and i)

of Article 115 (1); they are also barred from intervening when they have intervened

in the cause as mandators or experts, consisting of or designated by the opposing party

to the one they would have to represent or whom they would have to provide assistance to.

2-The staff of the registry shall apply to the provisions of the provisions of the a), b) and i) of paragraph 1 of the

article 115; they also cannot intervene when they have intervened in the cause as

mandators or experts from either party.

3-The representative of the Public Prosecutor's Office or the clerk of the registry office, who is

covered by any impediment, must declare it immediately in the process; if the

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do not, the judge, as long as the person barred there from intervening in the cause, knows of the

impediment, officiously or the requirement of any of the parties, observing the

provisions of Article 129.

4-A provenance of the impediment of the clerk of the registry office, albeit by this

declared, is always appreciated by the judge.

SECTION II

Suspicions

Article 119.

Request for escuses on the part of the judge

1-The judge cannot voluntarily declare himself suspicious, but may ask it to be

dispensed from intervening in the cause when there is any of the cases provided for in the article

next and, in addition, when, by other ponderous circumstances, understand that it may

be suspicious of your impartiality.

2-The application is filed before the first dispatch or before the first order

intervention in the process, if this is prior to any dispatch; when they are

overdue the facts justifying the application or the knowledge of them by the judge, the

escusa is requested prior to the first dispatch or intervention in the process, later the

this knowledge.

3-The application contains the precise indication of the facts justifying it and is directed to the

chairman of the Relative Relay or the President of the Supreme Court of Justice, if the

judge belong to this court.

4-The President may harvest any information and, when the application has by

foundation some of the facts specified in the following article, hear, if you understand it

convenient, the part that could object to suspicion by sending you to deliver copy of the

exhibition of the judge.

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5-Completed the representations referred to in the preceding paragraph, or no place to them, the

president decides without recourse.

6-The provisions of Article 125 shall apply.

Article 120.

Ground of suspicion

1-The parties may object to the judge's suspicion when cause, serious and serious, appropriate

generating distrust over its impartiality, namely:

a) If there is kinship or affinity, not understood in Article 115, in line

straight or up to the fourth grade of the collateral line, between the judge or your spouse and

any of the parts or person that has, in relation to the object of the cause, interest

that would allow it to be in it main part;

b) If there is cause in which you are a party to the judge or your spouse or united in fact or

any relative or awe of any of them in a straight line and some of the parts is

judge in that cause;

c) If there is, or there has been in the three years antecedents, any cause, no

understood in paragraph g) of Article 115 (1), between some of the parties or the

your spouse and the judge or your spouse or some relative or atermination of any of them

in a straight line;

d) If the judge or your spouse, or some relative or awe of any of them online

reta, is creditor or debtor of some of the parties, or has legal interest in

that the decision of the vote shall be favourable to one of the parties;

e) If the judge is protutor, heir presumed, a donator or employer of any of the

parts, or member of the direction or administration of any collective person,

part in the cause;

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f) If the judge has received donations before or after the proceedings have been instituted and by

cause of it, or if it has provided means for the expenses of the process;

g) If there is serious enmity or great intimacy between the judge and some of the parties

or your mandators.

2-The provisions of the c) of the preceding paragraph covers criminal causes when the

people assigned there are or have been offended, participants, or defendants.

3-In cases of the points c) and d) of paragraph 1 is dismissed as unsuspecting when the

circumstances of fact convince that the action was proposed or the credit was acquired

to get a reason for refusal of the judge.

Article 121.

Deadline for the deduction of the suspect

1-The deadline for the deduction of the suspicion runs from the day on which, after the judge has

dispatched or intervening in the process, pursuant to Rule 119 (2), the Party for

cited or notified for any term or intervier in some act of the proceedings; the defendant

cited for the cause may deduct the suspicion at the same time frame as it is granted to

the defense.

2-A The party may report to the judge the ground of the suspicion, before he intervened in the

process; in that case the judge, if he does not want to make use of the faculty granted by the article

119., declares it soon in order in the process and suspends the terms of this until

elapse the time frame for the deduction of the suspect, counted from the notification of that

dispatch.

3-If the foundation of the suspicion or its knowledge is supervenient, the party

denounces the fact to the judge as soon as he has knowledge of it, under penalty of no power anymore

afternoon to reason for the suspicion. It is observed in this case the provisions of the preceding paragraph.

4-If the judge has asked for dispensation to intervene in the cause, but his / her request has not been

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serviced, the suspicion may only be opposite by foundation other than he has

invoked and the time limit for the deduction runs from the first notification or intervention of the

part in the process, subsequent to the dismissation of the judge's scout request.

Article 122.

How to deduct and process the suspecting

1-The recorder accurately indicates the fundamentals of the suspicion and, autuado the

application by apenso, is this conclusive to the judge refused to answer; the lack of

response or from impugning the alleged facts matters a confession of these.

2-There are no instructional representations to be made, the judge sends soon to deapse the proceedings

of the incident and to remetallate it to the Chairman of the Relation; in the contrary case, the process is

conclusive to the substitute judge, who orders the production of the evidence offered and, finishes this, the

process shipment; they are not admitted to representations by letter.

3-It is applicable to this case the provisions of Articles 292 to 295.

4-A part contrary to the recusant may intervene in the incident as an assistant.

Article 123.

Judgment of the suspicion

1-Received the process, the Chairman of the Relation may requisition from the parties or the judge

refused the clarifications you deem necessary; the requisition is made by trade

directed to the judge refused, or to the substitute when clarifications should be

provided by the parties.

2-If the documents intended to be made proof of the fundamentals of the suspicion or the

response cannot be soon offered, the president admits them afterwards,

when judging justified the delay.

3-Completed the representations that are required, the President decides without recourse;

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when judging unprovenance the suspicion will appreciate if the refusent proceeded in bad faith.

Article 124.

Suspicion opposite the judge of the Relation or of the Supreme Court of Justice

The opposing suspicion of the Judge of the Relation or of the Supreme Court of Justice is adjudicated by the

chairman of the respecting court, observing, in the applicable part, the provisions of the articles

background; witnesses are surveyed by the president himself.

Article 125.

Influence of the argument on the march of the proceedings

1-A The main cause follows its terms, intervening in it the substitute judge; but neither the

dispatcher saneador nor the final decision are delivered while not adjudicated to

suspicion.

2-In the Relations and the Supreme Court of Justice, when the suspicion is opposed to the

rapporteur, serves as a rapporteur the first deputy and the process goes with a view to the immediate judge

to the last adjunct; but you do not know yourself from the object of the feat nor if you profess decision that

may impair the knowledge of the cause while not judging the suspicion.

Article 126.

Provenance of the escuses or the suspicion

1-Judged proceeded to escuses or the suspicion, continues to intervene in the proceedings the judge who

out called in replacement, in the terms of the previous article.

2-If the escusa or the suspicion is unmet, it intervenes in the decision of the cause the judge who if

escussed or that it was averaged from suspect, yet the process has already seen them

necessary for the trial.

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Article 127.

Suspicion opposite the staff of the secretarship

May also the opposing parties suspect the officials of the secretaries with the

fundamentals indicated in the various subparagraphs of Article 120 (1), excepted in point (120) b). But

the facts designated in the paragraphs c) and d) of the same article can only be relied upon as

foundation of suspicion when you check in between the employee or your spouse and

any of the parties.

Article 128.

Term count for the deduction

1-The deadline for the author to deduce the suspicion is due to the receipt of the initial petition in the

office or distribution, if this depends on the intervention of the employee.

2-The defendant may deduct the suspicion at the same time limit in which he is allowed to present the

defense.

3-Being supervenient the cause of the suspicion, the time limit is provided for as long as the fact has

arrived at the knowledge of the person concerned.

Article 129.

Processing of the incident

The incident is processed pursuant to Art. 122 with the following modifications:

a) The refused is provided the examination of the process to answer, not having the party

contrary to the refusal intervention in the incident;

b) As long as the suspicion is not judged, the employee cannot intervene in the

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process;

c) The judge of the cause comes to all the terms and acts of the incident and decides, without

feature, the suspicion.

BOOK II

From the process in general

Title I

Of the procedural acts

CHAPTER I

Acts in general

SECTION I

Common provisions

Article 130.

Principle of limitation of acts

It is not lawful to carry out in the process useless acts.

Article 131.

Form of the acts

1-Procedural acts have the form that, in the simplest terms, best matches the

end they aim to achieve.

2-Procedural acts may comply with models approved by the competent entity,

only may, however, be considered compulsory, unless special provision, the

models concerning the acts of the secretion.

3-Procedural acts that have to be reduced in writing shall be composed in such a way

leave no doubt about their formal authenticity and worded in a way to make

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of course its contents, possessing the abbreviations used unequivocal meaning.

4-The dates and numbers can be written by digits, except when they respect the

definition of rights or obligations of the parties or third parties; in the provisos, however, the

numbers that have been scraped or amended must always be written by

extensive.

5-It is permitted the use of computer means in the processing and execution of any acts

or procedural parts, provided that you show adhered to the rules regarding protection

of personal data and if it makes mention of this use.

Article 132.

Electro-electronic tramping

1-A The proceedings of the proceedings are electronically effected in terms to be defined by portaria

of the member of the Government responsible for the area of justice, and the provisions

procedural relating to acts of the magistrates, judicial secretaries and agents of

execution to be the object of the practical adaptations that prove necessary.

2-A Electrophic tramping of the processes guarantees the integrality, authenticity and

inviolability.

Article 133.

Language to be employed in the acts

1-In court acts use the Portuguese language.

2-When hajam from being heard, foreigners may, however, express themselves in

different language, if you do not know the Portuguese, and you should appoint an interpreter,

when it is necessary, in order to, under judgment of allegiance, establish the communication.

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3-A The intervention of the interpreter provided for in the preceding paragraph is limited to what it is

strictly indispensable.

Article 134.

Translation of documents written in foreign language

1-When they offer documents written in foreign language that are lacking

translation, the judge, officiously or at the request of some of the parties, orders that the

present the junte.

2-Surging misgivings founded on the suitability of the translation, the judge orders that the

presentational junte translation made by notary or authenticated by employee

diplomatic or consular state of the State; in the impossibility of obtaining the translation or

not being the determination complied with within the prescribed time limit, may the judge determine that the

document be translated by expert designated by the court.

Article 135.

Participation of deaf, mute or deaf-mute

1-Without prejudice to the intervention of idoneo interpreter whenever the judge considers it

convenient, when a deaf, mute, or deaf-mute should give testimony,

the following rules are observed:

a) To the deaf, the questions are formulated in writing, answering him orally;

b) To the mute, the questions are formulated orally, answering him in writing;

c) To the surf-mute, formulate the questions in writing, answering him

also in writing.

2-The judge must appoint idophytic interpreter to the deaf, the mute or the deaf-mute that does not

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know how to read or write.

3-The provisions of the preceding paragraphs are correspondingly applicable to the requirements

oral and to the provision of oath.

Article 136.

Regulatory law of the form of the acts and the process

1-A The form of the various procedural acts is regulated by the law that vigore at the time in

that are practiced.

2-A form of applicable process shall be determined by the law prevailing at the date on which the action is

proposal.

Article 137.

When to practise the acts

1-Without prejudice to acts performed in an automatic manner, no procedural acts are practiced

in the days when the courts are closed, nor during the holiday period

judicial.

2-Exceed from the provisions of the preceding paragraph, the citations and notifications, the records of

pairing and the acts that are intended to prevent irreparable damage.

3-The acts of the parties involving the recetion by the judicial secretaries of any

articulated, applications or documents must be practiced during the hours of

expedient of the services.

4-The parties may practice the procedural acts by electronic transmission of data or

via fax, on any given day and regardless of the time of the opening and the

closure of the courts.

Article 138.

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Rule of continuity of deadlines

1-The procedural deadline, established by law or fixed by order of the judge, shall be continuous,

suspending, however, during the court holidays, save if its duration is equal

or more than six months or treat yourself to acts to practise in lawsuits that the law considers

urgent.

2-When the time frame for the practice of the procedural act ends on a day on which the courts

are closed, transfer your term for the first working day following.

3-For the purposes of the provisions of the preceding paragraph, the courts shall be deemed to be closed

when it is granted point tolerance.

4-The deadlines for the purposeful of actions set out in this Code follow the regime of the

previous numbers.

Article 139.

Modalities of the deadline

1-The deadline is dilatory or perentory.

2-The dilatory deadline differs for certain time the possibility of the realization of an act or

the beginning of the count of another deadline.

3-The course of the perentory term extinguishes the right to practise the act.

4-The act may, however, be practiced outside of the deadline in the event of fair impediment, in the

regulated terms in the following article.

5-Regardless of fair impediment, can the act be practiced within the three

first working days subsequent to the expiry of the term, by staying its dependent validity

of the immediate payment of a fine, set out in the following terms:

a) If the act is practiced on the first day, the fine is set at 10% percent of the rate of

justice corresponding to the process or act, with the maximum limit of half UC;

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b) If the act is practiced on the second day, the fine is set at 25% percent of the rate of

justice corresponding to the process or act, with the maximum limit of three UC;

c) If the act is practiced on the third day, the fine is set at 40% percent of the rate of

justice corresponding to the process or act, with the maximum limit of seven UC.

6-Practiced the act on any of the following three business days without having been paid

immediately the fine due, as soon as the lack is verified, the secretion,

regardless of dispatching, notifies the person concerned to pay the fine, increased

a penalty of 25% of the value of the fine, provided that it is act of act practiced by

mandated.

7-If the act is practiced directly by the party, in action that does not import the constitution

of the mandatary, the payment of the fine is only due after notification effected by the

office, in which a 10-day period for the said payment is expected.

8-The judge can excecionally determine the reduction or dispensation of the fine in the cases of

manifests economic deficiency or when the respected amount proves to be

manifestly disproportionate, specifically in the actions that do not matter to

constitution of the mandatary and the act has been practiced directly by the party.

Article 140.

Fair impediment

1-It is considered fair to prevent the event not attributable to the party or to its

representatives or mandators, which obscuits to the timely practice of the act.

2-A part that alleging the fair impediment offers soon the respect proof; the judge, heard the

contrarian part, admits the applicant to practise the act outside the deadline if judging the

impediment and acknowledge that the party has come forward to apply for as soon as it has ceased.

3-It is of the officious knowledge the verification of the impediment when the event to which

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refers to paragraph 1 constitutes a notorious fact, in accordance with Article 412 (1), and

predictable the impossibility of the practice of the act within the time frame.

Article 141.

Extensions of deadlines

1-The procedural deadline marked by the law is extended in the cases provided for it.

2-Havendo agreement of the parties, the term is extended for one time and for equal period.

Article 142.

Dilatory deadline followed by perentory term

When a perentory deadline follows a dilatory deadline, the two deadlines count

as one.

Article 143.

In what place do the acts be practised

1-Judicial acts carry out in the place where they may be more effective, but they may

carry out in different place, on grounds of deference or fair impediment.

2-When no reason will impose another place, the acts perform in court.

SECTION II

Acts of the parties

Article 144.

Presentation to the judgment of procedural acts

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1-Procedural acts that should be practiced in writing by the parties are presented

doomsday by electronic transmission of data, in the terms defined in the intended porterie

in Article 132 (1), worth as the date of the practice of the procedural act that of the respect

dispatch.

2-A part that practiced the procedural act in the terms of the preceding paragraph shall present

by electronic transmission of data the procedural piece and the documents that should

follow up, staying excused from referring the original respects.

3-A presentation by electronic transmission of data from the documents provided for in the

previous number have no place, specifically, when their format or size

of the files to be sent not to allow it, in the terms set out in the portaria provided for in paragraph 1

of Article 132.

4-The documents presented in the terms provided for in paragraph 2 have the probationary force of the

originals, in the terms set out for the certificates.

5-The provisions of paragraph 2 shall be without prejudice to the duty of display of the procedural parts in support

of paper and of the originals of the documents together by the parties by means of transmission

electronical data, whenever the judge determines it, pursuant to the law of procedure.

6-When duplicated or copy of any procedural piece or document is required

presented by electronic transmission of data, the Registry extracts exemplars from the

same, specifically for the purposes of quoting or notifying the parties, except in the

cases in which these can be made by electronic means, under the terms defined in the law

and in the porterie provided for in Article 132 (1).

7-Where it is concerned that it does not import the constitution of the mandatary, and the party

is not sponsored, the procedural acts referred to in paragraph 1 may also be

presented to judgment in one of the following ways:

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a) Delivery at the judicial office, validating as the date of the practice of the procedural act to be

respects delivery;

b) Shipping by mail, under registration, worth as the date of the practice of the procedural act

the one of the effectivation of the postal record;

c) Sending through a fax, worth as the date of the practice of the procedural act to be

dispatch.

Article 145.

Proof of the payment of justice fee

1-When the practice of a procedural act requires the payment of justice fee, in the terms

set by the Rules of Procedural Costs, shall be attached to the document

proof of your prior payment or the granting of the benefit of the support

judiciary, save if in the latter case that document already finds itself next to the autos.

2-A document junction proving the lower value justice fee payment

due, under the Rules of Procedural Costs, is equivalent to the lack of

junction, owing the same to be returned to the present.

3-Without prejudice to the provisions relating to the initial petition, the lack of joining the document

referred to in paragraph 1 does not imply the refusal of the procedural piece, and the party shall conduct the

your junction in the 10 days subsequent to the practice of the procedural act, under penalty of application

of the cominations provided for in Articles 570 and 642.

4-When the procedural act is practiced by electronic transmission of data, the prior

payment of the rate of justice or the granting of the benefit of the judicial support are

proven in the terms set out in the porterie provided for in Article 132 (1).

5-Whenever it deals with cause that does not import the constitution of mandatary, and the act

has been practiced directly by the party, is the notified party to proceed to the

joining of payment voucher or the granting of judicial support, under penalty of

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be subject to the legal cominations.

6-In the case provided for in paragraph 4, the quotation is only effected after it has been proven the

payment of the rate of justice under the terms set out in the porterie provided for in paragraph 1 of the article

132., or have been joined by the autos the said proving document.

Article 146.

Supply of formal impairment of acts of the parties

1-It is permissible to rectification of miscalculations or writing errors, revealed in the context of the

procedural piece presented.

2-Must still the judge admit, the application of the party, the supply or the correction of

vices or purely formal omissions of practiced acts, as long as the lack should not

impute to dolo or serious guilt and supply or correction does not imply injury

relevant to the regular progress of the cause.

Article 147.

Definition of articulates

1-The joints are the parts in which the parties expose the fundamentals of the action and the

defense and formulating the corresponding requests.

2-In the actions, in their incidents and in the cautionary procedures, with the mandatary

constituted, the deduction by articles of the facts that matter to the

statement of reasons for the application or defence, without prejudice to the cases in which the law dispensed to

narration in an articulated way.

Article 148.

Requirement for duplicates

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1-Where it is concerned that it does not import the constitution of the mandatary, and the party

is not sponsored, the joints are presented in duplicate; when the

articulated is opposite to more than one person, they offer as many duplicates as

are those interested who live in a separate economy, unless they are represented

by the same representative.

2-The applications, the allegations and the documents submitted by either party

they must also be accompanied by so many copies, in common paper, how many the

duplicates provided for in the preceding paragraph; these copies are delivered to the opposing party

with the first notification subsequent to their presentation.

3-If the party does not deliver any of the duplicates and copies required in the numbers

previous, is notified officiously by the registry to present them within two

days, paying the title of fine the amount fixed in the ( a) of Article 139 (5); no

o making, is extracted certifing from the missing elements, paying the part, in addition to the

respect cost, the highest fine provided for in Article 139 (5).

4-When special reasons justify it, the judge may dismiss the presentation of the copies

referred to in paragraph 2 or mark a supplementary deadline for its submission.

5-The provisions of the preceding paragraphs shall be without prejudice to the duty of the parties represented by

mandated to provide to the court, whenever the judge requests it, a computer file

containing the written procedural pieces presented by the party on paper support.

6-A part that presents procedural piece by electronic transmission of data stands

dispensed with offering the duplicate or copies, as well as the copies of the

documents.

7-In the situations provided for in the preceding paragraph, when it is necessary to duplicate or copy

of any procedural piece or document, the Registry would extract exemplars of them,

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specifically for the purposes of citation or notification of the parties, except in cases in

that these can be made by electronic means, in the terms defined in law and in the

would porterie provided for in Article 132 (1).

Article 149.

General rule on the deadline

1-In the lack of special provision, it is 10 days the deadline for the parties to require any

act or diligence, argue nullities, deduct incidents or exercise any

other procedural power; and it is also 10 days the deadline for the party to respond to what

is deducted by the opposing party.

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

responds.

SECTION III

Acts of the magistrates

Article 150.

Maintenance of the order in the procedural acts

1-A The maintenance of the order in the procedural acts competes with the magistrate that they preside over,

o which makes the necessary arrangements against whom to disturb their achievement,

may, inter alia, and depending on the seriousness of the infringement, warn with urbanity

the offender, remove him the word when he departs from respect due to the court or the

prevailing institutions, convict him in fine or make him leave the premises, without prejudice to the

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102

criminal or disciplinary procedure that in the case couber.

2-It is not considered illicit the use of the expressions and imputations indispensable to the defence of the

cause.

3-The magistrate makes consignment in minutes, in a specified manner, the acts that determined the

providence.

4-Whenever the word is taken down the lawyer, the lawyer-trainee or the magistrate

of the Public Prosecutor's Office, is, depending on the cases, given circumstantial knowledge of

Fact to the Order of Lawyers, for disciplinary purposes, or the superior respect

hierarchical.

5-Of the decisions referred to in paragraph 1, save that of warning, it is up to appeal, in effect

suspensive of the decision.

6-Without prejudice to the provisions of the preceding paragraph, the appeal of the decision to withdraw the word

the judicial mandatary or order him to leave the place where the act takes place has also

suspensive effect of the process and should be processed as urgent.

7-For the maintenance of the order in the procedural acts, can the court requisite, always

what necessary, the aid of the public force, to which it is subjected, to the effect, to the power

of direction of the judge presiding over the act.

Article 151.

Marking and punctual start of the representations

1-A In order to prevent the risk of overlapping of the dates of representations to which they should

attend judicial mandators, shall the judge provide for the marking of the day and

time of your realisation by prior agreement with those, and may charge the

it would be secretive to carry out the necessary prior contacts, in an expeditious manner.

2-When the marking cannot be made in the terms of the preceding paragraph, they shall

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mandated orders as a result of another judicial service already scheduled to communicate

the fact to the court and expressly identify the diligence and the process to which it respects,

within five days, proposing alternative dates, after contact with the remaining

interested mandators.

3-The judge, weighted the reasons given, may change the date initially fixed, only if

proceeding to the notification of the remaining interveners in the act after the course of

that rents out the previous number.

4-As soon as it occurs that the due diligence, for unforeseen reason, cannot be carried out in the

day and time designated, shall the court give immediate knowledge of the fact to the

procedural actors, providing for why the people summoned are

promptly notified of the postponement.

5-Judicial mandators shall promptly communicate to the court any

circumstances that are impediments to their presence.

6-If justified obstacles to the punctual initiation of the representations occur, the judge shall

communicate them to the lawyers and would be secreting the parties and other procedural actors,

within the thirty minutes subsequent to the designated time for your start.

7-A The lack of the communication referred to in the preceding paragraph implies the automatic dispensation of the

procedural actors.

Article 152.

Duty to administer justice-Concept of sentence

1-Judges have a duty to administer justice, prowling dispatching or sentencing on the

outstanding subjects and complying, under the law, the decisions of the higher courts.

2-Says sentence the act by which the judge decides the root cause or some incident that

present the structure of a cause.

3-The decisions of the collegial courts have the denomination of judgments.

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4-The dispatches of mere expedient are intended to provide for the regular progress of the

process, without interfering in the conflict of interest between the parties; consider themselves

prowounded in the legal use of a discretionary power the dispatches who decide subjects

entrusted with the prudent arbitrio of the adjudicator.

Article 153.

External requirements of the sentence and dispatching

1-Judicial decisions are dated and signed by the judge or rapporteur, who shall initiates

still the non-handwritten leaves and proceed to the caveats deemed necessary; the

judgments are also signed by the other judges who hajam intervenor, save if not

are present, of which mention is made.

2-The judges ' signatures can be made with the abbreviated name.

3-Without prejudice to the provisions of Article 155 (1), dispatches and sentences

prowounded orally in the course of act that should wash itself self or ata are there

reproduced; the signature of the self or the minutes, on the part of the judge, guarantees the allegiance of the

reproduction.

4-The sentencing and final judgments are recorded in special book.

Article 154.

Duty to substantiate the decision

1-The decisions rendered on any contested application or about some doubt

raised in the process are always substantiated.

2-A The justification may not consist of the simple adherence to the grounds alleged in the

application or in the opposition, save in cases of manifest simplicity or when the

counterpart did not present opposition to the request.

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Article 155.

Recording of the final hearing and documentation of the remaining acts presided by the judge

1-A final hearing of actions, incidents and cautionary procedures is always recorded,

and shall only be pointed out in the minutes the beginning and the term of each statement,

information, clarification, application and respect response, dispatching, decision and

oral claims.

2-A recording is effectuated in sound system, without prejudice to other audiovisual media or

of other similar technical processes that the court may dispose of.

3-A recording shall be made available to the parties, within two days, to be counted from the

respect act.

4-A the lack or disability of the recording should be invoked, within 10 days, to be counted from the

moment in which the recording is made available.

5-In the case provided for in paragraph 1, the Registrar shall carry out the transcript of applications and

respect for answers, dispatches and decisions that the judge, officiously or the application,

determine, by unrecurrable dispatch.

6-A transcript is made within five days, from the act of the act; the deadline for

reason for any discompliance of the transcript is five days, from the notification

of their incorporation into the autos.

7-A realization and the content of the remaining procedural acts presided by the judge are

documented in minutes, in which the statements, requirements, promotions are collected,

and oral decisional acts that have occurred.

8-A The essay of the minutes rests with the judicial clerk, under the direction of the judge.

9-In the event of alleged disconformity between the content of what was dictated and that occurred, they are

made of the statements regarding the discrepancy, with an indication of the rectifications to

effeciate, after which the judge proffers, heard the parties present, final decision,

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sussing or modifying the initial essay.

Article 156.

Deadline for the acts of the magistrates

1-In the lack of special provision, judicial dispatchers are given the deadline of 10

days.

2-In the lack of special provision, prosecutions of the Public Prosecutor's Office are deducted in the

period of 10 days.

3-The dispatches or promotions of mere expedient, as well as those deemed urgent,

are to be delivered within a maximum of two days.

4-Decorrids three months on the term of the deadline set for the practice of own act of the

judge, without which the same has been practiced, shall the judge consign the concrete reason of the

failure to comply with the deadline.

5-A The office would refer, monthly, to the President of the court discriminated against

of cases in which the deadlines are exceeded, and this, within 10 days,

counted from the date of receipt, refer the expedient to the entity with competence

discipline, even though the act however practiced.

SECTION IV

Acts of the secretion

Article 157.

Function and duties of judicial secretaries

1-Judicial secretaries ensure the expedient, autuation and regular tramping of the

pending proceedings, pursuant to the terms set out in the respecting law of judicial organization,

in accordance with the law of procedure and in the functional dependence of the magistrate

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competent.

2-Incumbent on the Registry of the execution of the judicial dispatches and the fulfilment of the

service guidelines issued by the judge, as well as the practice of acts that are

by this delegates, in the framework of the processes of which it is a holder and under the law,

serving you to officiously carry out the necessary representations for the purpose of those

can be readily achieved.

3-In relations with judicial mandators, must the officials act with special

correction and urbanity.

4-The people who provide forensic services with the secretaries, in the interest and on account

of the judicial mandators, must be identified by a model card issued by the

Order of Lawyers or by the House of Solicitors, with express identification of the

lawyer or solicitor, number and professional ballot, as well as, if at all, from the

respects society, owing to the signing of that being recognized by the Order of the

Lawyers or by the House of Solicitors.

5-Of the acts of the officials of the judicial office is always admissible grievance for the

judge that that one depends functionally.

6-The errors and omissions of the acts practiced by the judicial secretary cannot, in any

case, harm the parties.

Article 158.

Territorial scope for the practice of acts of secretaries

1-The officials of the secretaries of the Supreme Court of Justice, Relations and

any other courts may directly practise the acts that will charge them in

the entire area of jurisdiction of the respective court or judgment, when the area of jurisdiction of this

is higher than that of the court in which it is inserted.

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2-In cases provided for in the laws of judicial organization, the competence for the practice of the

acts by the officials of the registry office may cover the area of other constituencies

judicial.

Article 159.

Composition of autos and terms

1-The autos and terms washed in the secretion shall contain the mention of the elements

essential and the date and place of the practice of the act to which they respect.

2-The acts of secrecy that are not practiced by electronic means, in the terms

defined in the porterie provided for in Article 132 (1), shall not contain spaces in

white that are not unusable, nor entangles, rasures or amendments that are not

duly ressaved.

3-The process will be autured so as to facilitate the inclusion of the pieces that in it are

successively incorporated and to prevent its extravio, by observing the provisions of the

regulatory diplomas.

Article 160.

Signature of autos and terms

1-The autos and terms are valid as long as they are signed by the judge and respect

employee; if in the act does not intervene the judge, suffice the employee's signature, save if the

act to express the manifestation of will of some of the parties or to import to it

any liability, because in these cases is also required the signature of the

part or your representative.

2-When you need the signing of the part and this one can't, don't want to or don't know

3-When the acts are practiced by electronic means, the provisions of paragraph 1 shall not

applies to the acts of the officials who are limited to carrying out internal communication

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or refer the case to the judge, the prosecutor's office or other office or section

of the same court.

Article 161.

Item of the leaves of the proceedings

1-The clerk officer in charge of the process is obliged to rubricate the leaves in

that there is no signature; and the judges initiates also the leaves relating to the acts

in which they intervene, excepted those in which they sign.

2-The parties and their mandators have the right to initiate any leaves of the process.

3-The provisions of the preceding paragraphs shall not apply to the acts practiced by means

electronically, in the terms set out in the porterie provided for in Article 132 (1).

Article 162.

Deadlines for the expedient of the secretarship

1-Within five days, saved the cases of urgency, must the registry make the processes

conclusive, continue them with a view or provide them for examination, pass the warrants and

practice the other acts of expediency.

2-On the day itself, being possible, it shall be the office to submit the dispatch, avulsly, the

requirements that do not respect the progress of pending proceedings, add to these

the requirements, answers, articulated and allegations that concern them or, if

are presented outside of the deadline or there are doubts about the legality of the junction,

submit them the order of the judge, for this one to order or refuse.

3-The deadline for completion of the process to be joined by any application is an account of the

presentation of this or the joining order.

4-Decorrides 10 days on the term of the deadline set for the practice of own act of the

office, without the same having been practiced, should be opened with the

indication of the concrete reason for the failure to comply with the deadline.

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5-A The office would refer, monthly, to the President of the court discriminated against

of cases in which the deadlines are exceeded, and this, within 10 days,

counted from the date of receipt, refer the expedient to the entity with competence

discipline, even though the act has meanwhile been practiced.

SECTION V

Publicity and access to the process

Article 163.

Publicity of the process

1-The civil procedure is public, saved the restrictions laid down in the law.

2-A publicity of the process entails the right of examination and consultation of the autos in the office

and of obtaining copies or certificates of any parts in it incorporated, by the parties,

by any person capable of exercising the judicial mandate or by whom in this setback

attentive interest.

3-The examination and the consultation of the processes also take place via computer page

of public access by the Ministry of Justice, in the terms set out in the porterie provided for in the

n Article 132 (1).

4-Incumbent on judicial secretaries to provide accurate information to the parties, their representatives

or judicial mandants, or to the officials of these, duly accredited, about

of the state of the pending cases in which they are interested.

5-Judicial mandators can still obtain information on the state of proceedings

in which they intervene through access to the existing computer files in the

secretaries, in the terms provided for in the respective regulatory diploma.

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Article 164.

Limitations to the advertising of the process

1-Access to autos is limited in cases where the disclosure of your content may

cause damage to the dignity of people, to the intimacy of private or family life or morals

public, or call into question the effectiveness of the decision to be delivered.

2-Fill, in particular, the restrictions on advertising provided for in the preceding paragraph:

a) The processes of annulment of marriage, divorce, separation of persons and goods and

those respecting the establishment or impugation of paternity, to which only

may have access to the parties and their mandators;

b) The pending cautionary procedures, which can only be provided to the

applicants and their mandators and the required and respected mandators, when

should be heard before ordained for providence.

Article 165.

Trust of the process

1-The judicial mandates constituted by the parties, the magistrates of the Public Prosecutor's Office

and those who exercise the sponsorship by officiating appointment may request, in writing or

verbally, that pending lawsuits are entrusted to them for examination outside the

registry of the court.

2-Treating of fine processes, trust may be required by any person

capable of exercising the judicial mandate, to whom it is lawful to examine them in the registry.

3-Compete to the office to provide the confidence of the process, by the time limit of five days, which

can be reduced if it causes serious embarrassment to the progress of the cause.

4-A The refusal of trust must be substantiated and communicated in writing, of it fit

complaint to the judge, pursuant to Rule 168.

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Article 166.

Lack of restitution of the process within the time frame

1-The judicial representative who does not deliver the proceedings within the time limit he has been

fixed is notified to, in two days, justify its procedure.

2-Case the judicial representative does not present justification or this does not constitute the fact of the

personal knowledge of the judge or fair impediment in accordance with Rule 140, is

sentenced to the maximum fine; this is high at double if, notified of its application,

not hand over the process within five days.

3-If, the deadline has elapsed in the last part of the preceding paragraph, the judicial representative

has not yet done the delivery of the process, the Public Prosecutor's Office, to which it is given

knowledge of the fact, will promote against it procedure for the crime of

disobedience and will make apprehending the process.

4-From the same fact, knowledge is given, as the cases are, to the Order of Lawyers

or to the House of Solicitors for disciplinary purposes.

Article 167.

Right to examination as a result of legal provision or court order

1-In cases where, by the provision of the law or order of the judge, the judicial representative

have a deadline for examination, the registry, the simple verbal request, entrust the process by the

marked deadline.

2-It is considered that the judicial mandatary has a deadline for examination of the procedure whenever

this one awaits the course of the deadline for the practice of an act that only partly by it

sponsored kayba practice.

3-If you fail to deliver the process until the last day of the exam deadline, the mandatary

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incurs the sanctions commenced in the previous article.

Article 168.

Doubts and complaints

1-In case of doubt about the right of access to the process, the registry would submit, by

written, the question to the judge's appreciation.

2-In the case of refusal of access to the proceedings or if an extension of the time limit is required

consultation, the secretarship makes the process conclusively to the judge with the information

that it has for convenient, to be delivered decision.

Article 169.

Registration of delivery of autos

1-A The delivery of the autos to which the previous articles are referred is recorded in special book,

indicating the process of which it is concerned, the day and time of delivery and the time limit why it is

granted the examination; the note is signed by the applicant or by another person munited from

written authorization.

2-When the process is restituted is given the low respect on the side of the delivery note.

Article 170.

Duty of passage of certificates

1-A The office shall, without precedence of dispatch, pass the certificates of all the terms

and procedural acts that are required to you, orally or in writing, by the parties to the

process, by whom it may exercise the judicial mandate or by whom it reviews interest

attendant in getting them.

2-Trating, however, of the processes to which you rent Article 164, no certif is

passed without prior dispatch on the justification, in written application, of its

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need, and the dispatch shall set the limits of the certificate.

Article 171.

Deadline for the passage of the certificates

1-The certificates are passed within the five-day period, save in the cases of urgency or

of manifest impossibility, in which the day on which they are to be lifted is achieved.

2-If the office would refuse the passage of the certificate, the provisions of paragraph 2 of the article shall apply.

168., without prejudice to the disciplinary arrangements to which the foul gives way.

3-If the secretary would delay the passage of any certificate, the party may apply for the judge

that send it through or fixture deadline to be passed, the application being submitted to

dispatch with written information from the employee.

SECTION VI

Communication of the acts

Article 172.

Forms of requisition and communication of acts

1-A The practice of procedural acts requiring intervention from the judiciary services may be

requested from other courts or authorities by precatory or rogatory letter,

by employing the precatory letter when the realization of the act is requested to a

court or to a Portuguese consul and the rogatory letter when the is the authority

foreign.

2-Through the warrant, the court orders the execution of procedural act to the entity that

is functionally subordinate.

3-The quotes or notifications by post are sent directly to the interested a

which are intended, whatever the constituencies in which it is found.

4-A request for information, for sending documents or carrying out acts that do not

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require, by their nature, intervention of the judicial services is done directly to the

public or private entities, the collaboration of which requires, by trade or other means of

communication.

5-In the transmission of any messages and on the dispatch or return of letters

precatory may the judicial services use, in addition to the postal route, the fax and the means

telematics, in the terms provided for in regulatory diploma; dealing with acts

urgent, the telegram, telephone communication or other means may still be used

analogue of telecommunications.

6-A Telephone communication is always documented in the autos and followed by confirmation

by any means written; concerning the parties, it is only lawful as a form of

transmission of a convocation or desconvocation for procedural acts.

Article 173.

Recipients of precatory letters

1-The precatory letters are addressed to the judgment in whose jurisdictional area the act shall be

practiced.

2-When the letter has by object the practice of act concerning the pending proceeding at

specialist competence judgement and the place where to perform coinced with the area

jurisdictional of judgment with identical material competence, already installed, is the letter to this

directed.

3-A The possibility arising from the statuary in Article 158 shall not preclude the dispatch of the letter,

whenever it deals with act to be carried out outside the area of jurisdiction of the doomsday but still in the area

of jurisdiction of the court where the judgment is inserted.

4-A The possibility arising from the statuary in Article 158 shall not preclude it equally

dispatch of the letter, whenever it deals with the act to be carried out outside the area of the comarch of the

court where the judgement is entered, but still in the area of jurisdiction of the judgment, whenever

the judge understands it necessary.

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5-When it is recognized that the act shall be practiced in a diverse place of the nominee in the

letter, must this be fulfilled by the judgement of that place.

6-For the purposes of the provisions of the preceding paragraph, shall the judgment, to which the letter was addressed,

to remetallate it to what there is to comply with, communicating the fact to the doomsday that has exhored it.

Article 174.

Rules on the content of the letter

1-Letters are signed by the judge or reporter and only contain what is strictly

necessary for the realization of the due diligence.

2-The letters for affixing of editais are accompanied by these and the respect copy for

on it being thrown the affixing certificate.

Article 175.

Shipping, with the letter, from autographs or any graphics

Existing in the autos some autograph, or some plant, drawing or graphic that should be

examined in the act of the due diligence by the parties, experts or witnesses, is remitted with the

letter this document or a photographic reproduction of it.

Article 176.

Deadline for compliance with letters

1-Letters must be complied with by the deprecated court at the maximum time of two

months, from the dispatch, which must be notified to the parties, when it has per object

the production of proof.

2-When due diligence should be carried out abroad, the deadline for compliance with the

letter is three months.

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3-The deprecating judge may, whenever it is shown to be justified, set a shorter term

or longer for the fulfillment of the letters or, heard the parties, extend by the

time required of the one arising from the previous number, for what it should harvest, even

officiously, information on the motives of the delay.

4-Decorrides 15 days on the expiry of the deadline set for the fulfilment of the letter, without

how this has been verified, it should be communicated to the court deprecating the concrete reason

of the inobservance of the deadline.

5-Not being the letter tempestively fulfilled, may still the judge determine the

comparency at the final hearing of who was due to give testimony, when the repute

essential to the discovery of the truth and such do not represent importable sacrifice.

Article 177.

Dispatch of the letters

1-The precatory letters are dispatched by the registry office.

2-Rogatory Letters, whatever the act to which they are intended, are dispatched by the Registry and

addressed directly to the foreign authority or court, unless treated or

convention to the contrary.

3-A expedition is done by the diplomatic route or consular when the rogatory is directed at

State that only by that way does it receive letters; if the state respects it not to receive letters by

via official, the rogatory is delivered to the person concerned.

4-When you must be expedited by diplomatic or consular route, the letter is delivered to the

Prosecutor's Office, to refer you to the relevant avenues.

Article 178.

The expedition of the letter and the march of the process

The dispatch of the letter does not preclude it from continuing on the most terms that do not depend

absolutely from the requisite due diligence, but the discussion and judgment of the cause can't

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take place otherwise after you have submitted the letter or after you have fined the term of your

compliance.

Article 179.

Legitimate refusal to comply with the precatory letter

1-The deprecated court can only fail to comply with the letter when it occurs to any of the

following cases:

a) If it does not have jurisdiction for the requisite act, without prejudice to the provisions of paragraph 4

of Article 173;

b) If the requisition is to act that the law prohibits absolutely.

2-When you have doubts about the authenticity of the letter, the court asks the deprecating judge

the information that it lacks, suspending fulfillment until it gets them.

Article 180.

Legitimate refusal to comply with the rogatory letter

Compliance with the letters rogatory is refused in the cases mentioned in paragraph 1 of the article

previous and still in the following:

a) If the letter is not legalized, unless it has been received by via

diplomatic or if there is treaty, convention or agreement that dispense with

legalization;

b) If the act is contrary to the Portuguese public order;

c) If the execution of the charter is an attack on the sovereignty or security of the State;

d) If the act imports execution of foreign court decision subject to review and

that if it does not show magazine and confirmed.

Article 181.

Receipt and decision on the fulfillment of the rogatory letter

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1-The letters rogatory emanating from foreign authorities are received by any

via, unless treated, convention or agreement to the contrary, competing with the Ministry

Public to promote the terms of those that have been received by diplomatic track.

2-Received the rogatory letter, it is given to the Public Prosecutor's Office to object to compliance

of the letter what to judge in the public interest, deciding, then whether to be

fulfilled.

3-The Public Prosecutor's Office may appeal appeal with suspensive effect of the

dispatch of fulfillment, whatever the value of the cause.

Article 182.

Compliance with the letter

1-It is the deprecated or rogated court that competes regular, in harmony with the law, the

compliance with the letter.

2-If in the rogatory letter if you ask for the observance of certain formalities that do not

repugment to Portuguese law, it gives satisfaction to the request.

3-When, for the implementation of the deprecated act, the intervention of the judge is not necessary

of the court requested, for not dealing with act that should be per se practiced, is the

deprecated abiding without the intervention of this.

4-For the purposes set out in the preceding paragraph, the deprecating court issues the necessary

warrants.

Article 183.

Fate of the letter after abiding

Returned the letter, is your junction to the notified process to the parties, counting from that

notification of the deadlines that depend on the respect for compliance.

Article 184.

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Signature of the warrants

The warrants are passed in the name of the judge or rapporteur and signed by the competent

clerk of the registry.

Article 185.

Contents of the warrant

The warrant only contains, in addition to the order of the judge, the indications that are indispensable for

your fulfillment.

SECTION VII

Nulities of the acts

Article 186.

Ineptness of the initial petition

1-It is null and void the whole process when it is inept the initial petition.

2-Says inept the petition:

a) When it is lacking or is unintelligible to the indication of the request or cause to ask;

b) When the application is in contradiction with the cause of asking;

c) When they cumulate causes of asking for or orders substantially

incompatible.

3-If the defendant disputes, even though he argues the ineptness on the grounds of paragraph a) of the number

previous, the argumentation is not adjudicated proceeded when, heard the author, if it finds that the

respondent conveniently interpreted the initial petition.

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4-In the case of point c) of paragraph 2, the nullity subsists, even if one of the applications is without

effect by incompetence of the court or by error in the form of the proceedings.

Article 187.

Cancellation of the subsequent processed to the petition

It is null and void everything that takes place after the initial petition, saving itself only this:

a) When the defendant has not been quoted;

b) When it has not been cited, at the beginning of the process, the Public Prosecutor's Office,

in cases where it should intervene as a main part.

Article 188.

When there is a lack of citation

1-There is a lack of citation:

a) When the act has been completely omitted;

b) When there has been an error of identity of the cited;

c) When you have improperly employed the edital citation;

d) When it shows that it was effected after the passing of the quoting or the

extinction of this, treating itself as a collective person or society;

e) When it is demonstrated that the recipient of the personal citation has not come to have

knowledge of the act, as a matter of fact that it is not attributable to it.

2-When the letter for citation has been sent to the conventionalized domicile, the proof

of the lack of knowledge of the act must be accompanied by the proof of the change of

Domicile at a date later than the one in which the random recipient has become extinct the

emergent relations of the contract; the nullity of the citation enacted is without effect if, in the

final, not to prove the extinguishing fact invoked.

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Article 189.

Supply of the nullity of lack of citation

If the defendant or the Public Prosecutor's Office intercomes in the process without arguing soon the lack of his / her

citation, the nullity is considered to be sane.

Article 190.

Lack of citation in the case of plurality of defendants

If there are several defendants, the lack of citation of one of them has the following consequences:

a) In the case of required litisconsortium, it is annued all that has been processed

after the citations;

b) In the case of voluntary litisconsortium, nothing is left angled; but if the process does not yet

is at the time of being designated day for the discussion and judgment of the cause, may

the author requires that the respondent be quoted; in this case, no discussion takes place without

that the cited is admitted to exercise, in the process, the activity of which it was private

by the lack of timely citation.

Article 191.

Nullity of citation

1-Without prejudice to the provisions of Article 188, it is void of the citation when it does not have been, in the

its realization, observed the formalities prescribed in the law.

2-The deadline for the invalidity of the invalidity is what has been indicated for the contestation;

being, however, the edital citation, or not having been indicated deadline for the defence, the

nullity can be argued when of the first intervention of the cited in the process.

3-If the irregularity consists of if it has indicated for the defense term higher than the law

grants, shall the defence be admitted within the time limit indicated, unless the author

has made quoting the respondent again on regular terms.

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4-A The argument is only met if the lack committed can impair the defense of the cited.

Article 192.

Dispensation of citation

When the lack or nullity of the citation has been argued by the citing, the notification of the

dispatch that the atenda waives the renewal of the citation, as long as it is accompanied by

all the elements referred to in Article 227.

Article 193.

Error in the form of the process or the procedural medium

1-The error in the form of the process matters solely to the annulment of the acts that they cannot

be harnished, and should practise those that are strictly necessary for the

process to approach, as possible, in the manner established by the law.

2-They must not, however, take advantage of the acts already practiced, if the fact results a

diminished guarantees of the defendant.

3-The error in the qualification of the procedural medium used by the party is corrected officiously

by the judge, determined that if they follow the appropriate procedural terms.

Article 194.

Lack of view or examination to the Public Prosecutor's Office as an ancillary part

1-A lack of a view or examination to the Public Prosecutor's Office, when the law requires its intervention

as an ancillary party, considers itself to be sanctioned as long as the entity to which it was due

assistance has made it worth your rights in the process through your

representative.

2-If the cause has been correct in absentia of the part that was due to be attended by the Public Prosecutor's Office,

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the process is nullified from the time it was due to be given seen or provided the

examination.

Article 195.

General rules on the nullity of acts

1-Out of the cases provided for in the previous articles, the practice of an act that the law does not admit,

as well as the omission of an act or of a formality that the law prescribes, only

produce nullity when the law declars it or when the wrongdoing committed may

to influence the examination or the decision of the cause.

2-When an act has to be annulled, it is also annulled the subsequent terms which

of it depend absolutely; the nullity of a part of the act does not harm the others

parts that of it are independent.

3-If the addiction that the act suffers from prevents the production of certain effect, they do not have

as necessarily hindered the effects for whose production the act shows

idotous.

4-It is not permissible to appeal the decisions rendered on the nullities provided for in paragraph 1,

unless these contenders with the principles of equality or adversarial, with the

procedural acquisition of facts or with the admissibility of probative means.

Article 196.

Nulities of which the court knows officiously

Of the nullities mentioned in Articles 186 and 187 in the second part of the Article 2 (2)

191 and in Articles 193 and 194 may the court know officiously, unless it

should consider themselves sands; of the remaining can only know about complaint from the

interested, saved the special cases in which the law allows for the officiating knowledge.

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Article 197.

Who can invoke and who is vehement to the argument of nullity

1-Out of the cases provided for in the preceding article, nullity can only be invoked by the

interested in the observance of the formality or the repetition or elimination of the act.

2-You cannot argue the nullity the part that gave you cause or that, either expressed or tacitly,

renounced the argument.

Article 198.

Up to when the main nulities can be argued

1-The nullities referred to in Article 186 and Article 193 (1) may only be

defendants to the contestation or in this articulate.

2-The nullities provided for in Articles 187 and 194 may be argued in any state

of the process, while they should not consider themselves to be sands.

Article 199.

General rule on the term of the argumentation

1-As for the other nullities, if the party is present, by you or by the mandatary, in the

moment in which they are committed, they can be argued for as long as the act does not end; if

is not, the deadline for the arguement is the day on which, after committed to

nullity, the party has intervened in some act practiced in the process or has been notified to

any term of it, but in this latter case only when it should be presumed that then

took notice of the nullity or when she could get to know, acting with the

due diligence.

2-Argued or noted the irregularity during the practice of act to which the judge preside, shall

this will make the necessary arrangements for the law to be complied with.

3-If the process is expedalized in appeal before fining the time limit referred to in this article,

may the argument be made before the top court, counting the time limit since the

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distribution.

Article 200.

When the court is due to know of the nullities

1-The judge knows of the nullities provided for in Article 187, in the second part of paragraph 2 of the

article 191 and in Article 194 as soon as they become aware, and may raise them in

any state of the process, while they should not consider themselves to be sanctioned.

2-The nullities referred to in Article 186 and Article 193 (1) are appreciated in the

dispatcher saneador, if before the judge is there no appreciated; if there is no dispatch

saneador, can get to know them until the final sentence.

3-The other nullities should be appreciated as soon as they are claimed.

Article 201.

General rules on the trial

The argumentation of any nullity may be dismissed, but it cannot be dewound without prior

hearing of the opposing party, save case of manifest disneed.

Article 202.

Non-renewal of the null act

The void act cannot be renewed if it has already expired the time limit within which it should be practiced;

excees the case for the renewal to take advantage of those who bear no liability in the nullity

committed.

CHAPTER II

Special acts

SECTION I

Distribution

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SUBSECTION I

General provisions

Article 203.

End of distribution

It is by the distribution that, in order to redepart with equality the judicial service, it assigns itself to

section, the instance and the court in which the process there is-of running or the judge that there is-of exercising

the functions of rapporteur.

Article 204.

Distribution by electrolytic means

1-The distribution and registration operations provided for in the subsequent articles are

integrally carried out by electronic means, which must guarantee randomness in the

result and equality in the distribution of the service, in the terms defined in the portaria

provided for in Article 132 (1).

2-Electronically produced listings have the same value as books, paupers and

lists.

3-Judicial mandators can obtain information about the outcome of the distribution

of the processes concerning the parties sponsoring upon access to computer page

of public access by the Ministry of Justice, in the terms set out in the porterie provided for in the

n Article 132 (1).

Article 205.

Lack or irregularity of distribution

1-A The lack or irregularity of the distribution does not produce nullity of any act of the

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process, but it can be claimed by any interested or suppressed officialingly

until the final decision.

2-The resulting divergences from the distribution that fend between judges of the same

comark on the designation of the judgment in which the process there is-from running are solved by the

chairman of the court of comarch, observing process similar to the established

in Articles 111 and following.

SUBSECTION II

Provisions relating to the 1 th instance

Article 206.

Procedural acts subject to distribution in the 1 th instance

1-Are subject to distribution in the 1 th instance:

a) The procedural acts that matter the beginning of cause, save if this one depends on

another already distributed;

b) The procedural acts that come from another court, with the exception of letters

precatons, warrants, crafts or telegrams, for simple quotation, notification or

fixation of editations.

2-The causes that by law or by dispatching should consider themselves dependent on others are

appended to those they depend on.

Article 207.

Conditions required for the distribution

1-No procedural act is admitted to the distribution without containing all the requirements

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external required by law.

2-A The verification of the provisions in the preceding paragraph is effected by means of an electronic means,

on the terms set out in the porterie provided for in Article 132 (1).

Article 208.

Periodicity of distribution

The distribution takes place on a daily basis and is carried out in an automatic way.

Article 209.

Publication

1-Distributed the procedural acts of a species, proceeds similarly to the

distribution of the following species.

2-Terminated the distribution in all species, proceeds to the publication of the result by

means of tariff made available automatically and by electronic means on page

public access informatics of the Ministry of Justice, in the terms defined in the portaria

provided for in Article 132 (1).

Article 210.

Error in distribution

The error of the distribution is corrected by the following form:

a) When it affects the designation of the judge, in the comarches in which there is more than one,

it is made new distribution and gives itself low from the previous;

b) In the other cases, the process continues to run in the same section, carrying on

in the competent species and discharging themselves from the species in which it was.

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Article 211.

Rectification of distribution

The provisions of the preceding Article shall also apply to the case of surviving circumstances

that determine alteration of the species of the distributed paper.

Article 212.

Species in the distribution

In the distribution there are the following species:

1. Common process Actions;

2. Special Actions for fulfilment of emerging pecuniary obligations of

contracts and actions in the context of the special eviction procedure;

3. Special process Actions;

4. Divorce and separation without consent from the other spouse;

5 th Executions;

6 th Executions at the expense, fines, or other amounts counted;

7. Inventories;

8. Special insolvency Processes;

9. Precatory or rogatory Letters, resources from conservatives, notaries and others

officials, complaints about the reform of books from the conservatives and any

other unclassified papers;

10 th avulsas Notifications, preparatory acts, cautionary procedures and any

urgent representations.

SUBSECTION III

Provisions relating to higher courts

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Article 213.

Periodicity and corrections of distribution errors

1-In the Relations and the Supreme Court of Justice, the distribution is effected on a daily basis and

in an automatic way.

2-The President designates, by shift, in each month, the judge that there is-to intervene in the distribution and

to verbally resolve the doubts that the secretary has in the classification of some act

procedural, when this has to be done by the employee, in the terms defined in the

would porterie provided for in Article 132 (1).

3-When there has been error in the distribution, the process is distributed again,

taking advantage of, however, the visas you already have; but if the error derives from the classification of the

process, it is this loaded to the same reporter in the due species, unloading

of the one where it was improperly.

Article 214.

Species in the Relations

In the Relations there are the following species:

1. nd Appeals in common and special process;

2. Resources in criminal proceedings;

3. Conflict and review of sentences of foreign courts;

4. Causes of which the Relation knows in 1 th instance;

5 Th Complaint.

Article 215.

Species in the Supreme Court of Justice

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In the Supreme Court of Justice there are the following species:

1. Magazine;

2. Resources in criminal proceedings;

3 Th Conflicts;

4. nd Appeals;

5. nd Causes that the court knows in only instance;

6 th extraordinary resources for uniformization of jurisprudence.

Article 216.

How does the distribution

1-A distribution is fully effected by means of electronic means, in the terms provided for in the

article 204.

2-In the distribution meets the order of precedence of the judges, as if there is one only

section.

Article 217.

Second distribution

1-If in the act of the distribution record that is impeed the judge to whom the proceedings were

distributed, it is soon made second distribution on the same scale; the same is observed case,

later, the reporter would be prevented or cease to belong to the court.

2-If impediment is temporary and cessation before trial, it gives low of the second

distribution, going back to being rapporteur of the process the first designate and staying the

second to be filled in first distribution; if the impediment becomes

definitive, the second distribution subsists.

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Article 218.

Maintenance of the rapporteur, in the case of new appeal

If, as a result of cancelling or revocation of the contested decision or the exercise by the

Supreme Court of Justice of the powers conferred by Article 682 (3), has to be

delivered new ruling in the court resorted and of it is interposed and admitted new appeal

or magazine, the feature is, where possible, distributed to the same reporter.

SECTION II

Citation and notifications

SUBSECTION I

Common provisions

Article 219.

Functions of the citation and notification

1-A citation is the act by which one gives notice to the defendant that it was proposed against him

determined action and calls itself to the process to defend itself; it employs yet to

call, for the first time, to the process some interested person in the cause.

2-A notification serves to, in any other cases, call someone a judgement or give

knowledge of a fact.

3-A citation and notifications are always accompanied by all the elements and copies

legible of the documents and parts of the process necessary to the full understanding of their

object.

4-When the citation and notifications are effected by electronic means, in the terms

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defined in the porterie provided for in Article 132 (1), the elements and copies referred to

in the preceding paragraph may appear from other electronic support accessible by quoting or

notifying.

Article 220.

Officiating notifications from the desks

1-A notification relating to pending proceedings shall be deemed necessary

of the dispatch that designates day for any act in which they should appear determined

persons or to which the parties have the right to watch; they must also be notified,

with no need for express order, the sentences and dispatches that the law sends

to notify and all those who may cause injury to the parties.

2-Cumpre still to the registry officiously notify the parties when, by virtue of the

legal provision, be able to respond to requirements, offer proof or, in a way

general, to exercise some procedural law that does not depend on a time limit to be fixed by the judge or

of prior citation.

Article 221.

Notifications among the tenants of the parties

1-In proceedings in which the parties have constituted judicial mandates, the acts

procedurals that should be practiced in writing by the parties after the notification of the

challenge of the defendant to the author, are notified by the representative judicial representative of the present

judicial representative of the counterparty, in respect of the professional domicile, in the terms of the

article 255.

2-The judicial representative who takes the sponsorship in pendency of the proceedings communicates the

your professional domicile and electro mail address to the judicial representative of the

counterpart.

Article 222.

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Citation or notification of diplomatic agents

With the diplomatic agents observe what is stipulated in the treaties and, in the absence

of stipulation, the principle of reciprocity.

Article 223.

Citation or notification of incapable and collective persons

1-The incapable, the uncertain, the collective people, the societies, the autonomous patrimogens

and the condominance are cited or notified in the person of their legal representatives, without

prejudice to the provisions of Article 19.

2-When the representation belongs to more than one person, albeit cumulatively,

suffice it to be cited or notified one of them, without prejudice to the provisions of paragraphs 2 and 3 of the

article 16.

3-Collective people and societies consider themselves to be still personally cited or

notified in the person of any employee who finds himself in the registered office or place where

works normally the administration.

Article 224.

Place of citation or notification

1-A citation and notifications can take place anywhere where the

recipient of the act, specifically, when dealing with natural persons, in their

residence or place of work.

2-No one can be cited or notified within the temples or while it is

busy in public service act that should not be interrupted.

SUBSECTION II

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Citation of natural persons

Article 225.

Modalities of the citation

1-A citation of natural persons is personal or edital.

2-A personal citation is made by:

a) Electronic transmission of data, in the terms set out in the porterie provided for in the

n Article 132 (1);

b) Delivery by quoting from registered letter with notice of recetion, your deposit, us

terms of Article 229 (5), or certification of the refusal of receipt, in the

terms of paragraph 3 of the same article;

c) Personal contact of the executing agent or the judicial officer with the

quoting.

3-It is further admitted to the citation promoted by judicial representative, in the terms of the articles

237. and 238.

4-In cases expressly provided for in the law, it is equated with the personal citation to be effected in

diverse person from the quoting, tasked with transmitting you the contents of the act,

presumed, unless proven otherwise, that the quoting from it had timely

knowledge.

5-There may still be the citation in the person of the representative constituted by the quoting, with

special powers to receive it, upon past proxy there are less than four

years.

6-A The edital citation takes place when the quotation finds itself absent in uncertain part, nos

terms of Articles 236 and 240 or, when they are uncertain persons to quote, to the shelter

of Article 243.

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Article 226.

The rule of the officiance of the representations intended for the citation

1-Incumbent on the office to promote officialingly, without a need for prior dispatch, the

moves that show appropriate to the effectivation of the regular personal citation of the respondent and the

quick removal of the difficulties that will prevent the realization of the act, without prejudice to the

provisions of paragraph 4 and citation by agent of execution or promoted by mandatary

judicial.

2-Passed 30 days without the citation being effected, is the informed author of the

representations made and of the reasons for the non-realization of the act.

3-Decorrides 30 days on the term of the deadline to which you rent the previous paragraph without the

citation if shown are effected, is the process immediately conclusive to the judge, with

information of the representations made and the reasons for the timely non-realization of the act.

4-A citation depends, however, on prior judicial dispatch:

a) In the cases specially provided for in the law;

b) In the cautionary procedures and in all cases in which it is entrusted to the judge

decide from the prior hearing of the respondent;

c) In cases where the purposeful of the action should be announced, under the law;

d) When it deals with citing third parties called to intervene in outstanding cause;

e) In the executive process, in accordance with paragraphs 6 and 7 of Article 726;

f) When you treat yourself to urgent quotation.

5-It is not up to the order to send the defendants or required to quote the defendants, not if

considering preexclusionated the issues that could have been a reason for improper

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liminal.

6-Not having the author designated the executing agent who should either cite nor do

the declaration provided for in Article 231 (8), or by staying the designation without effect, applies-

if the provisions of Article 720 (2).

Article 227.

Elements to be transmitted by quoting

1-The act of citation implies the shipment or delivery by quoting from the duplicate of the initial petition

and of the copy of the accompanying documents, communicating to you that you are quoted

for the action to which the duplicate refers, and indicating the court, judgment and section by

where the process runs, if there has already been distribution.

2-In the act of citation, it is also indicated to the addressee the time frame within which it can offer

the defense, the need for judicial patronage and the cominations in which it incurs the case

of revelation.

Article 228.

Citation of natural person by post

1-A citation of natural person by post office is done by means of registered letter with notice

of receiver, of officially approved model, directed at the quotation and addressed to the

your residence or place of work, including all of the elements referred to in the article

previous and still the warning, addressed to the third party that receives it, that the non-delivery to the

quoting, as soon as possible, makes him incur liability, in a similar way

to those of the litigation in bad faith.

2-A letter may be delivered, after signature of the notice of prescription, by quoting or to any

person who finds himself in his residence or place of work and who declarates to find himself

in conditions of delivering it promptly by quoting.

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3-Before the signing of the notice of prescription, the distributor of the postal service proceeds to

identification of the quoting or the third party to whom the letter is delivered, anoting the

elements constant from the citizen's card, identity card or other

official document that allows for identification.

4-When the letter is delivered to the third party, it is up to the postal service distributor to warn you

expressly of the duty of ready delivery by quoting.

5-Not being possible for the delivery of the letter, will be left notice to the recipient, identifying-

whether the court from which it comes from and the process to which it respects, averse the grounds of the

impossibility of delivery and remaining the letter for eight days at your disposal

in properly identified postal establishment.

6-If the quoting or any of the persons to which he / she rents paragraph 2 refuse the signing of the notice of

receipt or receipt of the letter, the distributor of the postal service lavish note of the

incident, before giving it back.

Article 229.

Conventionalized domicile

1-In the actions for fulfillment of emerging pecuniary obligations of contract

reduced written in which the parties have persued the place where they have by

domiciled for the effect of the citation in the event of a dispute, the citation by post is effected,

in the terms of the previous articles, at the conventionalized domicile, provided that the value of the

action does not exceed the remit of the Court of Relation or, exceeding, the obligation respects the

continued supply of goods or services.

2-As long as the emerging relations of the contract are not extinguished, it is unobjectiable to whom

in the cause figure as author any alteration of the conventionalized domicile, save if the

counterparty has notified you of this change, by registered letter with notice of

receiving, on date prior to the purposement of the action or in the 30 days subsequent to the respect

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occurrence, not producing effect the citation which, despite the notification made, has been

held at the previous domicile in a diverse person from the quoting or pursuant to paragraph 5.

3-When the citing recuse the signature of the notice of fearful or the receipt of the letter, the

postal distributor lavra note of the incident before giving it back and the citation considers itself

logged in the face of the certification of the occurrence.

4-Being the expedient returned by the consignee shall not have proceeded, in the legal period, to the

lift of the letter in the postal establishment or by having been refused the signature

of the notice of prescribing or the receipt of the letter per person diversely from the quotation, in the

terms of paragraph 2 of the previous article, the quotation is repeated, sending new registered letter

with notice of fearage by quoting and warning you of the constant comination of the n. 2 of the

next article.

5-In the case provided for in the preceding paragraph, it is left to the letter itself, of an official model,

containing copy of all the elements referred to in Article 227, as well as the

warning referred to in the final part of the preceding paragraph, owing to the distributor of the

postal service certify the exact date and place on which you deposited the expedient and remit

right away the certificate to the court; not being possible to deposit the letter in the box of the

mail from the quoting, the distributor leaves a notice in accordance with Article 228 (5).

Article 230.

Date and value of citation by post

1-A The postal citation effected under Article 228 shall be deemed to be made on the day on which

show signed the notice of prescription and is effected by the person of the quoting himself,

even when the notice of recetion there is signed by third party, presumed, saved

demonstration to the contrary, that the letter was timely delivered to the recipient.

2-In the case provided for in paragraph 5 of the preceding Article, the citation shall be deemed to be effected on the date

certified by the distributor of the postal service or, in the case that the notice has been left, in the

8. day after that date, presumed the recipient had timely

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knowledge of the elements that have been left to you.

Article 231.

Citation by enforcement agent or judicial officer

1-Frustrating the postal route, the citation is effected by personal contact of the agent of

execution with the quoting.

2-The elements to be communicated by quoting, in accordance with Article 227, are specified

by the executing agent himself, who elaborates note with these indications to be

delivered by quoting.

3-In the act of the citation, the executing agent delivers by quoting the note referred to in the number

previous, as well as the duplicate of the initial petition, received from the registry office and by this

stamped, and the copying of the accompanying documents, and lavra certigive, that the

quoted sign.

4-Recusing you by quoting to sign the certificate or to receive the duplicate, the agent of

execution gives you knowledge that the same is at your disposal in the secretarship

judicial, mentioning such occurrences on the certificate of the act.

5-In the case provided for in the preceding paragraph, the Registry shall notify you further by quoting, sending-

you registered letter with the indication that the duplicate therein lies to your

provision.

6-The designated execution agent may, under his or her responsibility, promote the citation

by another executing agent, or by an employee accredited by the House of

Solicitors, pursuant to Art. 157 (4).

7-In cases where the citation is promoted by an employee of the executing agent,

under the terms of the preceding paragraph, the citation is valid only if the quoted sign the certificate, which

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the execution agent subsequently must also sign.

8-A citation by execution agent has also place, not if using beforehand

middle of the citation by post, when the author thus declars to claim in the petition

initial.

9-A citation is made by judicial clerk, pursuant to the previous figures,

suitably adapted, when the author declars, in the initial petition, which so intends,

paying for the effect the rate set in the Rules of Procedural Costs, well

how when there is no enforcement agent registered or registered in any of the

comarks belonging to the area of competence of the Relation Court's respective Court.

10-When the due diligence is set up useful, it may the quotient be previously summoned by

registered postal notice, to appear in the judicial office, in order to proceed to the

citation.

11-Applies to the quotation by agent of enforcement the provisions of Article 226 (2).

Article 232.

Quote with right time

1-In the case referred to in the previous article, if the executing agent or the judicial officer

ascertaining that the quoting resides or works effectively at the indicated location, and may not

proceed to citation by not finding it, should leave note with correct hour indication

for due diligence on the person found to be in better condition of the

convey by quoting or, where this is impossible, to affix the respective notice on the spot

more indicated.

2-On the designated day and time:

a) The running agent or the employee does the quotation in the person of the quotation, if the

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find;

b) Not finding it, the quotation is done in the able person who is in better

conditions of transmitting it by quoting, tasking it with the executing agent or the

employee of passing the act to the recipient and being the certificate signed by

who received the citation.

3-In cases referred to in paragraph b ) from the previous number, the citation can be made on the terms

of paragraphs 6 and 7 of the preceding Article.

4-Not being possible to obtain the collaboration of third parties, the citation is done by affixing,

at the most appropriate place and in the presence of two witnesses, of the citation note, with

indication of the elements referred to in Article 227, stating that the duplicated and the

attached documents stay at the disposal of the quoting in the judicial office.

5-Constituency crime of disobedience to the conduct of whom, having received the citation, not

delivered as soon as possible by quoting from the elements left by the employee, than

will be forewarned; having the citation been effected in person who does not live in

common economy with the quoting, cesses responsibility if it delivers such elements to

person of the house, who must pass them on by quoting.

6-The citation is considered to be effected pursuant to paragraphs 2 and 4.

Article 233.

Warning by quoting, when the quotation there is not in the very person of this

Whenever the quotation is performed in a diverse person of the quotation, as a result

of the provisions of Article 228 (2) and (i) b) of paragraph 2 of the previous article, or there is

consisted of the affixing of the citation note in accordance with paragraph 4 of the previous article, being

still sent, by the executing agent or by the Registrar, within two working days, letter

registered by quoting, communicating to you:

a) The date and the way in which the act considers itself to be realized;

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b) The deadline for the offer of the defence and the cominations applicable to the lack of this;

c) The fate given to the duplicated; and

d) The identity of the person in whom the citation was carried out.

Article 234.

Failure to de facto of the quoting

1-If the citation cannot be held by being the quotient unpossibile to receive it, in

consequence of notorious psychic anomaly or other de facto incapacity, the agent

of execution or the judicial clerk gives account of the occurrence, of it notifying the

author.

2-Next, it is the conclusive process to the judge who decides on the existence of the disability,

after harvesting the information and produced the necessary evidence.

3-Recognition of disability, temporary or lasting, is appointed interim curator

by quoting, in which the quotation is made.

4-When the curator does not contest, the provisions of Article 21 shall be observed.

Article 235.

Absence of the citing in certain part

It is not possible to quote in the terms of the previous articles, as a result

of quoting him to be absent in a certain and for limited time, and there is no who is in

conditions of conveying it promptly the citation, proceeds as it appears more

convenient to the circumstances of the case, specifically by quoting from the post on the site

where you find yourself or waiting for your return.

Article 236.

Absence of the citing in an uncertain part

1-When it is impossible to carry out the citation, by citing it is missing in part

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uncertain, the diligencia office would obtain information about the last whereabouts or residence

known to be known to any entities or services, specifically, by prior

judicial dispatch, in the databases of civil identification services, security

social, the Tax and Customs Authority and the Institute of Mobility and the

Land Transport and, when the judge considers it absolutely indispensable to

decide on the realization of the edital citation, together with the police authorities.

2-Are obliged to provide the court promptly with the elements of which they dispose

on the residence, the place of work or the seat of the citands any services that

have averaged such data.

3-The provisions of the preceding paragraphs shall apply to cases in which the author has indicated

the defendant as absent in an uncertain part.

Article 237.

Citation promoted by the judicial representative

1-A The citation effected in accordance with Article 225 (3) follows the rule of Article 231,

with the necessary adaptations.

2-The judicial representative shall, in the initial petition, declare the purpose of promoting the

citation by you, by another judicial representative, by way of solicitor or person

identified in accordance with Article 157 (4), and may apply for the assumption of such

diligence at an ulterior moment, whenever any other form of citation has

frustrated.

3-A person in charge of the due diligence is identified by the mandatary, in the petition or in the

application, with express mention that it has been warned of its duties.

Article 238.

Regime and formalities of the citation promoted by the judicial representative

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1-The elements to be communicated by quoting, in accordance with Article 227, are specified

mandatorily by the judicial representative himself, being the documentation of the dated act

and signed by the person in charge of the citation.

2-Whenever, for any reason, the citation is not due to be effected within 30 days

Counted from the solicitation to which it alludes to paragraph 2 of the previous article, the judicial representative gives

account of the fact, proceeding to the citation in the general terms.

3-The judicial representative is civilly responsible for the actions or omissions culposely

practiced by the person in charge of proceeding with the citation, without prejudice to the

disciplinary and criminal liability that to the couber case.

Article 239.

Citation of the resident abroad

1-When the respondent resides abroad, he / she observes what is stipulated in the treaties and

international conventions.

2-In the absence of a treaty or convention, the citation is made by post, in registered letter with

notice of prescription, applying the determinations of the local regulation of services

postcards.

3-If it is not possible or if you frustrate the citation by post, you proceed to quotation by

intermediate of the nearest Portuguese consulate, if the respondent is Portuguese; being

foreign, or not being viable the appeal to the consulate, the citation is carried out by letter

rogatory, heard the author.

4-Being the citing absent in an uncertain part, proceeds to his edital quotation,

beforehand ascertaining the last residence of that in Portuguese territory and

by proceeding to the representations referred to in Article 236.

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Article 240.

Formalities of the edital citation by uncertainty of the place

1-A edital citation determined by the uncertainty of the place in which the quotation is found is made

by edital affixing, followed by the publication of advertisement on computer page of

public access, in terms of regulating by porterie of the member of the Government

responsible for the area of justice.

2-The edital is affixed on the door of the house of the last residence or headquarters that quoting him had on the

Country.

Article 241.

Content of the edital and announcement

1-The edital specifies:

a) The action to which the absent is cited, the author and, in substance, the request of this;

b) The court in which the case runs;

c) The deadline for defence, dilation and comination, explaining that the deadline for the

defense only starts to run after finning the dilation and that this one's account of the date

of publication of the announcement;

d) The date of the respective affixing.

2-The advertisement reproduces the content of the edital and mentions the place of the affixing respect.

Article 242.

Counting of the deadline for the defence

1-A citation considers itself to be made on the day of publication of the announcement.

2-A from the date of the citation counts the time frame of the dilation; finda this one, begins to run the

deadline for the offer of the defence.

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Article 243.

Formalities of the edital citation by uncertainty of people

The edital citation determined by the uncertainty of the persons to be cited is made in the terms of the articles

240. to 242.

Article 244.

Junction, to the process, of the edital and announcement

To the process is to put together a copy of the advertisement and the edital, the identity of whom

carried out the affixing.

Article 245.

Dilation

1-At the time of defence of the citing increased a dilation of five days when:

a) The citation has been held in a diverse person of the respondent under the terms of paragraph 2 of the

Article 228 and paragraphs 2 and 4 of Article 232; 232

b) The respondent has been quoted outside the area of the comarch seat of the court where he pens the

action, without prejudice to the provisions of the following number.

2-When the defendant has been cited for the cause in the territory of the Autonomous Regions,

running the action on the mainland or on another island, or vice-versa, the dilation is 15 days.

3-When the respondent has been cited for the cause abroad, the citation there has been edital or

if you check the case of Art. 229 (5), the dilation is 30 days.

4-A dilation resulting from the provisions of the paragraph a) of the n. 1 add to that which eventually results

of the set out in the b) and in paragraphs 2 and 3.

SUBSECTION III

Citation of collective people

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Article 246.

Citation of collective people

1-In all that is not specially regulated in this subsection, to the citation of

collective persons applies the provisions of the previous subsection, with the necessary

adaptations.

2-A letter referred to in Article 228 (1) is addressed to the seat of the citanda inscribed on the

central file of collective persons of the National Register of Collective People.

3-If it is refused the signature of the notice of receipt or the receipt of the letter by

legal representative or employee of the citanda, the postal distributor lavra note of the

incident before giving it back and the citation is deemed to be in the face of the certification of the

occurrence.

4-In the remaining cases of return of the expedient, the quotation is repeated, sending new

registered letter with notice of prescribing to the citanda and warning it of constant comination

of Article 230 (2), observing the provisions of Article 229 (5) thereof.

5-The provisions of paragraphs 3 and 4 shall not apply to the citandas whose enrolment in the central file of

people collective from the National Register of Collective People is not mandatory.

SUBSECTION IV

Notifications in pending processes

DIVISION I

Notifications from the desk

Article 247.

Notification to the parties that constituted mandatary

1-The notifications to the parties in pending proceedings are made in the person of their

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judicial tenants.

2-When the notification departs to call the party for the practice of personal act, in addition to

be notified to the mandatary, it is also dispatred by the post a notice registered to the

own part, indicating the date, place, and end of the comparency.

3-Whenever the party is simultaneously represented by counsel or lawyer

trainee and by solicitor, the notifications that should be made in the person of the

judicial representative are made always on the solicitor's.

Article 248.

Formalities

The mandators are notified under the terms set out in the porterie provided for in paragraph 1 of the article

132., owing to the informatic system certifying the date of the drafting of the notification,

assuming this made on the third day after that of the elaboration, or on the first working day

next to that, when the is not.

Article 249.

Notifications to parties that do not constitute a representative

1-If the party has not constituted mandatary, the notifications are made at the site of your

residence or registered office or in the household chosen for the purpose of receiving them, pursuant to

established for the notifications to the mandators.

2-It is the defendant that if there is constituted in situation of absolute revelation, that only

passes to be notified after having practiced any act of intervention in the process, without

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prejudice to the provisions of paragraph 4.

3-In the hypothesis provided for in the first part of the preceding paragraph, decisions have to be

notified on the day following that in which the autos have been given entry into the registry,

or in which the determining fact of the officious notification occurs.

4-Final decisions are always notified, provided that the residence or seat of the party is

known in the process.

Article 250.

Personal notification to the parties or their representatives

In addition to the specially planned cases, the provisions relating to the realization apply

of the personal citation to the notifications to which they allude to Art. 18 (4), Article 27 (3)

and Article 28 (2).

Article 251.

Notifications to accidental actors

1-The notifications to have an end to call the court witnesses, experts and others

persons with accidental intervention in the cause are made by means of notice expediting by the

mail, under registration, indicating the date, place and end of the comparetion.

2-A The office would give the party notices concerning the persons that it is committed to

to present, when the delivery is requested, even verbally.

3-A notification considers yourself to be effected even if the recipient refuses to receive the

expedient, owing to the distributor of the postal service lavish note of the occurrence.

4-The administrative agent or civil servant who, depending on top

hierarchical, has been notified to appear in judgment, does not lack authorization,

but must inform you immediately of the notification the superior and present you document

proof of the comparability.

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Article 252.

Notifications to the Public Ministry

In addition to the final decisions rendered in any causes, they are always officially

notified to the Public Prosecutor's Office any decisions, albeit interlocuals, that may

raise the interposition of mandatory resources by force of the law.

Article 253.

Notification of judicial decisions

When you notify dispatches, sentences or judgments, you must send yourself, surrender or

make available to the notified copy or readable photocopy of the decision and the grounds.

Article 254.

Notifications made in court act

Worth how to notifications the summonses and communications made to those interested

present in procedural act, by determination of the entity that he presides over, provided that

documented in the respect self or ata.

DIVISION II

Notifications among the tenants of the parties

Article 255.

Notifications among the mandators

The notifications between the judicial mandators of the parties are carried out by the means provided for

in Article 132 (1) and in the terms set out in the porterium referred to therein, the system shall

informatics certify the date of the drafting of the notification, presuming this made in the

third day subsequent to the elaboration, or on the first working day following that, when the

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is not.

SUBSECTION V

Avulous notifications

Article 256.

How they perform

1-The avulous notifications depend on prior dispatch that orders them and are made by the

execution agent, designated for the purpose by the applicant or by the Registrar, or by

bail-out officer, in accordance with Rule 231 (9), in the person himself of the

notifying, in view of the application, by delivering the notified duplicate and copy

of the accompanying documents.

2-The executing agent or bailable officer lavish certiorship of the act, which is signed

by the notified.

3-The application and the certificate are delivered to whoever has required due diligence.

4-The applications and documents for the avulous notifications are presented in

duplicated and, having to be notified more than one person, they present themselves so many

duplicates how many are the ones living in separate economics.

5-When the applications and documents are submitted by electronic transmission

of data, the applicant is exempted from delivering the duplicates referred to in the number

previous.

Article 257.

Inadmissibility of opposition to avulous notifications

1-The avulous notifications do not admit opposition, owing to the rights to be

exerted in the own shares.

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2-From the order of dismissation of the notification rests with recourse to the Relation.

Article 258.

Notification for revocation of mandate or proxy

1-If the notification has an end to the revocation of mandate or proxy, it is made to the

mandatary or prosecutor, and also to the person with whom he was due to hire, should the

mandate has been conferred to deal with certain person.

2-Not treating yourself to mandate or proxy to negotiate with certain person, the revocation

is to be announced in a newspaper of the locality where the mandatary or the prosecutor resides

or, if there is no newspaper, publishing the advertisement in one of the most read newspapers in that

locality.

Title II

Of the instance

CHAPTER I

Start and development of instance

Article 259.

Time when the action considers itself proposed

1-A The instance initiates by the proposition of the action and this one considers itself to be proposed, intended or

pending as soon as it is received at the secretive office the initial petition, without prejudice to the

provisions of Article 144.

2-However, the act of the proposition does not produce effects in relation to the defendant else from the

timing of the citation, unless otherwise lawful provision.

Article 260.

Principle of the stability of the instance

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Cited as the respondent, the instance must remain the same as for the persons, the application and the cause of

ask, saved the possibilities of modification consignments in the law.

Article 261.

Subjective modification by the intervention of new parts

1-Until the transit on trial of the decision that judges illegitimate some of the parties by no

be in judgment determined person, may the author or recontwenty call this person a

intervene in the terms of Articles 321 and following.

2-When the decision provided for in the preceding paragraph has brought an end to the procedure, the

flashpoint may take place in the 30 days subsequent to the transit on trial; admitted the

flashy, the extinct instance considers itself renewed, recalling about the author or

recounts the charge of the payment of the costs in which it has been condemned.

Article 262.

Other subjective modifications

The instance may modify, as to the people:

a) As a result of the replacement of some of the parties, either by succession or

by act between living, in the substantive relation in dispute;

b) By virtue of the incidents of the intervention of third parties.

Article 263.

Legitimacy of the transmitant-Substitution of this by the acquirer

1-In the case of transmission, by act between living, of the thing or right litigation, the transmittant

continues to have legitimacy for the cause, while the acquirer is not, by means of

habilitation, admitted to replace him.

2-A The replacement is admitted when the opposing party is in agreement and, in the absence of agreement,

should only refuse to replace when you understand that the transmission has been effected to

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make it more difficult, in the process, the position of the opposing party.

3-A The sentence produces effects in relation to the acquirer, yet this one does not intervene in the

process, except in the case that the action is subject to registration and the acquirer registers the

transmission prior to the registration of the action.

Article 264.

Alteration of the application and cause of asking for agreement

By agreement of the parties, the application and the cause of asking may be changed or extended

at any time, in 1 th or 2 th instance, save if the alteration or magnification disturb

inconveniently the instruction, discussion and trial of the plete.

Article 265.

Alteration of the application and cause of asking for the lack of agreement

1-In the absence of agreement, the cause of asking can only be changed or enlarged in the replica, since

that the process admits to it and the value of the cause exceeds half of the Relation's remit, the non

be that the alteration or magnification is a consequence of confession made by the defendant and accepted

by the author.

2-The application may also be changed or extended in the replica, provided that the process to

admits and the value of the cause exceeds half of the Relation's remit; it may, in addition, the author,

at any time, reduce the application and can extend it until the closing of the discussion

in 1 th instance if the magnification is the development or the consequence of the application

primitive.

3-If the modification of the application is made at the final hearing, it is the record of the respect minutes.

4-The application for the application of compulsory financial penalty, under Article 1 (1)

829.-The Civil Code, may be deducted pursuant to the second part of paragraph 2.

5-In the compensation shares founded on civil liability, may the author apply for,

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until the close of the final hearing in 1 th instance, the conviction of the defendant in the terms

provided for in Article 567 of the Civil Code, even if it initially asked for

conviction of that in the right amount.

6-Concurrent modification of the application and the cause of ordering, as long as this is not

imply convolution for diverse legal relationship of the controversially.

Article 266.

Admissibility of the reconvention

1-The respondent may, in reconvention, deduce orders against the author.

2-A reconvention is admissible in the following cases:

a) When the respondent's request emerges from the legal fact that serves as a foundation of the

action or defence;

b) When the respondent proposes to make effective the right to benfets or expenses

concerning the thing whose delivery is sought to you;

c) When the respondent intends for the recognition of a credit, be to obtain the

compensation, be it to get the payment of the value in which the credit invoked

exceeds that of the author;

d) When the defendant's request tends to accomplish, to its benefit, the same effect

legal that the author proposes to obtain.

3-It is not permissible to reconvene, when at the request of the respondent it corresponds to a form of

process other than that which corresponds to the author's request, unless the judge authorizes it,

in the terms set out in Article 37 (2) and (3) with the necessary adaptations.

4-If the reconventional application involves other subjects that, according to the criteria

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general applicable to the plurality of parts, be able to join the recontwenty or the

reconquered, can the defendant raise the respect intervention.

5-In the case provided for in the preceding paragraph and not dealing with litisconsortium required, if the

court to understand that, notwithstanding the verification of the requirements of the reconvention, there is

serious inconvenience in the instruction, joint discussion and judgment, determines in

reasoned order, the acquittition of the instance as to the reconventional request of

who is not a primitive part in the cause, applying the provisions of Article 37 (5).

6-A The immersion of the action and the acquitus of the defendant of the instance did not preclude the appreciation of the

reconventional request regularly deducted, save when this is dependent on the

formulated by the author.

Article 267.

Apensation of shares

1-If separately actions are proposed that, for the fact of the

admissibility of litisconsortium, coalition, opposition or reconvention,

could be gathered in a single process, is ordered to join them, the application

of any of the parties with an attentional interest at the junction, yet they pend in

different courts, unless the state of the process or other special reason makes it

inconvenience the apensation.

2-The processes are attached to what has been instituted in the first place, save if the

requests are dependent on each other, in which case the apensation is made in the order

of dependence.

3-A The junction must be required of the court in the face of which it pens the process to which the

others have to be apaged.

4-When it deals with proceedings that are pending before the same judge, it may this determine,

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even officiously, outed the parties, the apensation.

5-Having been pawned, in distinct executions, quinlions in the same heritage

autonomous or rights relating to the same good indivism, may the judge, officiously or at

application from the party, order the apensation to the proceedings in which it was made

first hourly, provided that no of the circumstances provided for in paragraph 1 occur

of Article 709.

Article 268.

Apensation of processes in a resource phase

1-It shall apply to proceedings at the stage of appeal under paragraphs 1 and 4 of the preceding Article,

with the specialties provided for in the following numbers.

2-There can only be place the apensation of proceedings that are pending in the courts

of Relation or in the Supreme Court of Justice.

3-The processes are attached to what has been interposed in the first place.

4-A apensation may be officiously ordered by the Presidents of the Relation or by the

chairman of the Supreme Court of Justice.

CHAPTER II

Suspension of instance

Article 269.

Causes

1-A instance suspending itself in the following cases:

a) When any of the parties are deceased or if any of the parties are extinguished, without prejudice to the provisions of the

Article 162 of the Code of Commercial Societies;

b) In proceedings in which the constitution of lawyer is mandatory, when this

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to be missed or to be absolutely unable to exercise the mandate. In the others

processes, when they are passed away or if they impart the legal representative of the incapable,

unless there is judicial representative constituted;

c) When the court orders the suspension or there is agreement of the parties;

d) In the other cases where the law especially determines it.

2-In the case of transformation or merger of a collective person or society, part of the cause, the

instance does not suspend, only if effecting, if it is necessary, the replacement of the

representatives.

3-A The death or extinction of some of the parties gives no place to the suspension, but to the extinction of the

instance, when it makes it impossible or useless to continue the lide.

Article 270.

Suspension by demise of the part

1-Join the process document proving the demise or extinction of any of the

parties, immediately suspend the instance, unless it has already begun the hearing of

oral discussion or if the process is already enrolled in table for trial. In this case

the instance only suspents itself after it has handed down the sentence or the judgment.

2-A part shall make known in the process the fact of the death or extinction of its

compart or of the opposing party, providing for the joining of the document

proof.

3-Are void the acts practiced in the process subsequent to the date on which the

demise or extinction which, in accordance with paragraph 1, should determine the suspension of the

instance, in respect of which the exercise of adversarial by the party was admissible

who passed away or became extinct.

4-A The nullity provided for in the preceding paragraph shall, however, be met if the acts practiced

come to be ratified by the successors of the deceased or extinct part.

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Article 271.

Suspension for the passing or impediment of the mandatary

In the case of point b) of Article 269 (1), once made in the process the proof of the fact,

immediately suspense the instance; but if the process is conclusive for the sentence

or in conditions of the being, the suspension only occurs after the sentence.

Article 272.

Suspension by determination of the judge or by agreement of the parties

1-The court may order the suspension when the decision of the cause is dependent on the

trial of another already proposed or when another justified reason occurs.

2-Notwithstanding the pendency of a damaging cause, the suspension should not be ordered if

there are founded reasons to believe that the one was intentioned solely to obtain the

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

overcome the advantages.

3-When the suspension is not based on the pendency of a damaging cause, it shall be fixed

on the dispatch the deadline during which the instance will be suspended.

4-The parties may agree on the suspension of the instance for periods which, in their entirety,

do not exceed three months, provided that it does not result in the postponement of the final hearing.

Article 273.

Mediation and suspension of instance

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

determine the process shipment for mediation by suspending the instance, save

when some of the parties expressly opposes such a shipment.

2-Without prejudice to the provisions of the preceding paragraph, the parties may, together, opt for

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resolving the dispute by mediation, waking up in the suspension of the instance in the terms and by the

maximum period provided for in paragraph 4 of the preceding Article.

3-A The suspension of the instance referred to in the preceding paragraph shall automatically verify and

with no need for court order, with the communication by any of the parties of the

recourse 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 electro, automatically ceasing

and with no need for any act of the judge or the secretary-office, the suspension of the instance.

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

by electronic means, following the terms set out in the law for the type-approval of the agreements

of mediation.

Article 274.

Non-compliance with tax obligations

1-Do not prevent the receipt or continuation of the actions, incidents or procedures

cautionary caucuses that they pend before the courts for lack of demonstration by the

interested in the fulfillment of any obligations of a tax nature that

they shall be entrusted, except in cases where the transmission of rights operated in the

own process and dependent on the payment of the pass tax.

2-A The lack of compliance with any tax obligations shall not preclude the

documents to them subject to be valued as a means of proof in the actions they pend

in the judicial courts, without prejudice to the participation of the infractions that the court

constate.

3-When it deals with shares founded on acts arising from the exercise of activities

subject to taxation and the person concerned there is no demonstrated compliance of any

tax duty that is entrusted to you, the Registry or the executing agent shall communicate the

pendency of the cause and its object to the tax administration, preferably by way of

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electro, without the regular progress of the process being suspended.

Article 275.

Regime of suspension

1-While it lasts the suspension can only validly practice the urgent acts

intended to prevent irreparable damage; the part that is prevented from attending these acts is

represented by the Public Prosecutor's Office or by counsel appointed by the judge.

2-The court deadlines do not run as long as the suspension lases; in the cases of the points a) and b)

of Article 269 (1) of the suspension shall be unusable by the part of the period that has elapsed

previously.

3-A simple suspension does not preclude the instance from extinction by giving up, confession or

transaction, provided that these do not counteract the justifying reason of the suspension.

4-In the case provided for in Article 272 (4), the suspension is without prejudice to the acts of

instruction and the remaining preparatory representations of the final hearing.

Article 276.

How and when to cesses the suspension

1-A suspension for one of the causes provided for in Article 269 (1), cessa:

a) In the case of point a) , when the decision is notified that it considers enabled the

successor to the deceased or extinct person;

b) In the case of point b) , when the opposing party has judicial knowledge that

is constituted new lawyer, or that the party already has another representative,

or that it ceased the impossibility that fizzled to suspend the instance;

c) In the case of point c), when it is definitely adjudicated the damaging cause

or when the deadline has elapsed;

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d) In the case of point d) , when fining the incident or ceasing the circumstance to which the

law assigns the suspensive effect.

2-If the decision of the injurious cause causes to disappear the plea or the reason for being of the

cause that you have been suspended, it is this improvenance trial.

3-If the party takes up the constitution of new lawyer, it may any other party require

that it is notified to constitute it within the time limit that is fixed; the lack of

constitution within this time frame has the same effects as the lack of constitution

initial.

4-It may also be any of the parties requiring that the Prosecutor's Office be notified to

promote, within the time frame that is designated, the appointment of new representative to the

incapable, when it has passed away the primitive or its impossibility linges by

more than 30 days; if there is no representative appointed yet when the deadline finishes,

cesses the suspension, being the unable represented by the Public Prosecutor's Office.

CHAPTER III

Extinction of instance

Article 277.

Causes of extinction of the instance

The instance extinguishes with:

a) The judgment;

b) The arbitral commitment;

c) The defection;

d) The desistance, confession or transaction;

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e) The impossibility or supervenient uselessness of the lide.

Article 278.

Instance absolvition cases

1-The judge shall refrain from knowing of the application and absolve the defendant of the instance:

a) When judging proceeding the exception of absolute incompetence of the court;

b) When to annul the whole process;

c) When you understand that some of the parties are stripped of a judicial personality

or that, being unable, is not properly represented or authorized;

d) When it considers illegitimate some of the parties;

e) When judge proceeded some other dilatory exception.

2-Cesses the provisions of the preceding paragraph when the process there is to be remitted to another

court and when the lack or wrongdoing has been sane.

3-Dilatory exceptions only remain as long as the respect is lacking or irregularity is not

sanada, pursuant to Article 6 (2); yet they subsist, it has no place to

acquittion of the instance when, by targeting to tutelate the interest of one of the parties,

no other motif obste, at the time of the appreciation of the exception, the one to know

of the merit of the cause and the decision should be fully favourable to that party.

Article 279.

Range and effects of the acquittor of the instance

1-A acquitus of the instance shall not prevent another action being proposed on the same

object.

2-Without prejudice to the provisions of civil law in respect of the prescription and the expiry of the

rights, the civil effects derived from the proposition of the first cause and the citation of the respondent

remain, when it is possible, if the new action is intended or the respondent is cited for

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she within 30 days, from the traffic counting on trial of the acquitus sentence of the

instance.

3-If the respondent has been acquitted by any of the fundamentals understood in the letter e)

of paragraph 1 of the preceding Article, in the new action that runs between the same parts may be

harnited the evidence produced in the first process and have value the decisions there

spoken.

Article 280.

Arbitral appointment

1-In any state of the cause may the parties agree that the decision of the whole or

part of it is committed to one or more referees of your choice.

2-Laved in the process the term of arbitral commitment or together the respect document,

examines whether the commitment is valid in attention to its object and the quality of the

persons; in the affirmative case, the finder instance and the parties are remitted to the court

arbitral, being each of them doomed in half the expense, save express agreement

to the contrary.

3-In the arbitral tribunal may not the parties invoke acts practiced in the finite proceedings, the

not be those of which they have made express reservation.

Article 281.

Defection of instance and resources

1-It is considered to defect the instance, regardless of any judicial decision,

when, by negligence of the parties, the process will find itself awaiting impulse

procedural more than six months ago.

2-The appeal considers itself to be deserted, regardless of any court decision,

when, because of the appellant's negligence, they are awaiting procedural impetus there is more

of six months.

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3-Having surged some incident with suspensive effect, the instance or the feature

consider themselves to be deserted, regardless of any court decision, when, by

negligence of the parties, the incident finds itself to await procedural thrust there is more than

six months.

Article 282.

Renewal of the instance

1-When there is a cessation or alteration of the judicially fixed food obligation, it is

the respected application deducted as reliance on the main cause, by following, with the

necessary adaptations, the terms of this, and considering renewed the instance.

2-The provisions of the preceding paragraph shall apply to the analogous cases, where the decision

prowound about a lasting obligation can be changed depending on

circumstances overdue to transit on trial, which appear to be judicially

appreciated.

Article 283.

Freedom of desistance, confession and transaction

1-The author may at any time give up all the request or part of it, such as the

respondent can confess all or part of the application.

2-It is lawful also to the parties, in any state of the instance, to transigir about the object of the

cause.

Article 284.

Effect of confession and transaction

Confession and transaction modify the order or make cessation of the cause in the precise terms

in which they are done.

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Article 285.

Effect of desistance

1-A The desistance of the order extinguishes the right that was intended to be asserted.

2-A The dismissal of the instance only makes cessation of the process that has been instituted.

Article 286.

Tutelage of the rights of the respondent

1-A dismissals of the instance depends on the acceptance of the defendant, as long as it is required after

of the offer of the contestation.

2-A desisting of the application is free, but it does not prejudice the reconvention, unless the

reconventional application is dependent on the formulated by the author.

Article 287.

Desistance, confession or transaction of the collective people, societies, unable or

missing

The representatives of the collective people, societies, unable or absent can only

give up, confess or transigir in the precise limits of your assignments or preceding

special authorization.

Article 288.

Confession, desistance and transaction in the case of litisconsortium

1-In the case of voluntary litisconsortium, it is free to confession, quit-giving and transaction

individual, limited to the interest of each in the cause.

2-In the case of required litisconsortium, the confession, the quit-giving or the transaction of some

of the litisconsorts only produces effects as at the expense, following the provisions of paragraph 2 of the

article 528.

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Article 289.

Objective limits of confession, desistance and transaction

1-No confession, desistance or transaction that matters the affirmation of the will

of the parties with respect to unavailable rights.

2-It is free, however, to desist in the actions of divorce and separation of people and goods.

Article 290.

How to perform confession, desistance or transaction

1-A confession, the dismissal or the transaction can be made by authentic document or

particular, without prejudice to the requirements in the form of the substantive law, or by term in the

process.

2-The term is taken by the secretion of the simple verbal request of the concerned.

3-Washed the term or together the document, examines itself if, by its object and the quality

of the persons who have intervened in it, the confession, the giving up, or the transaction is valid, and, in the

affirmative case, thus it is declared by sentence, by convicting or absolving ourselves in the

your precise terms.

4-A The transaction may also be made in ata, when result of conciliation obtained by the

judge; in such a case, it is limited to this to homologate it by sentence dictated to the minutes,

condensing us to terms.

Article 291.

Nullity and cancellability of confession, desistance or transaction

1-A confession, the dismissal and the transaction can be declared void or void as the

other acts of the same nature, being applicable to the confession the provisions of paragraph 2 of the article

359. of the Civil Code.

2-The traffic on trial of the sentence handed down over confession, the quit-giving or the

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transaction shall not preclude the action intended for the declaration of nullity or the

cancellation of any of them, or if you ask for the review of the sentence with that plea, without

prejudice to the expiry of the right to cancellation.

3-When the nullity provenes solely from the lack of powers of the judicial representative or

of the irregularity of the mandate, the homologatory sentence is notified in person to the

mandant, with the comination of, nothing saying, the act will be by ratified and the

invalid nullity; if it declares that it does not ratify the act of the mandatary, the latter does not produce

as to itself any effect.

Title III

From instance incidents

CHAPTER I

General provisions

Article 292.

General rule

In any incidents inserted in the tramway of a cause observes, in the absence of

special regulations, what will be prepared in this chapter.

Article 293.

Indication of evidence and opposition

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.

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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 that vigore in the cause in which the incident falls.

Article 294.

Limit of the number of witnesses and registration of affidavits

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

2-The affidavits provided in advance or by letter are recorded in the terms of the

article 422.

Article 295.

Oral and decision allegations

Finda the production of the proof, can each of the lawyers make a brief oral allegation,

being immediately handed down decision in writing, applying, with the necessary

adaptations, the provisions of Article 607.

CHAPTER II

Verification of the value of the cause

Article 296.

Attribution of value to the cause and its influence

1-A the whole cause must be assigned a right value, expressed in legal currency, which

represents the immediate economic utility of the application.

2-It is attended to this value to determine the jurisdiction of the court, the form of the case

of common execution and the relationship of the cause with the court's manhunt.

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3-For the purpose of court costs, the value of the cause is set in accordance with the rules laid down in the

present diploma and in the Regulation of Procedural Costs.

Article 297.

General criteria for fixing the value

1-If by the action if you intend to get any right amount in cash, that's the value of the

cause, not being attentive to challenge nor agreement to the contrary; if by the action if

aims to get a diverse benefit, the value of the cause is the amount in cash

equivalent to that benefit.

2-Accumulating in the same action multiple requests, the value is the amount corresponding to the

sum of the values of all of them; but when, as an accessory of the main order, if

ask for interest, rents and income already overdue and those to be due during the

pendency of the cause, in the fixation of the value meets only the already overdue interests.

3-In the case of alternative applications, it is met solely at the request of greater value and, in the

case of subsidiary applications, to the application formulated in the first place.

Article 298.

Special criteria

1-In the eviction shares, the value is that of the income of two and a half years, plus the value of the

rents in debt or the value of the compensation required, whicheextent is higher.

2-In proceedings referring to financial leasing contracts, the value is the equivalent of that of the

sum of the outstanding benefits up to the end of the increased contract of the moratory interest

vanquished.

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3-In the shares of definitive food and in the contribution to domestic expenses the

value is the quintuple of the annuity corresponding to the application.

4-In the actions of accountability, the value is that of gross revenue or that of the expense

presented, if it is superior to you.

Article 299.

Time to be met for the determination of the value

1-In determining the value of the cause, it must cater to the moment when the action is

proposal, except when there is reconvention or main intervention.

2-The value of the application formulated by the respondent or the intervener is only summed to the value of the

application formulated by the author when the applications are distinct, in the terms of the

provisions of Article 530 (3).

3-The increase referred to in the preceding paragraph shall only produce effects as to the acts and terms

subsequent to reconvention or intervention.

4-In settlement processes or in others where, analogously, the economic usefulness

of the application only sets in the sequence of the action, the initially accepted value is corrected soon

that the process provides the necessary elements.

Article 300.

Value of action in the case of vincende and periodontal benefits

1-If in the action if you ask, pursuant to Art. 557, benefits accrued and benefits

vincends, takes into consideration the value of one and others.

2-In proceedings whose decision involves a periodic benefit, save in the shares of

food or contribution to household expenses, takes into consideration the value

of benefits for a year multiplied by 20 or by the number of years that the

decision to cover, if it is lower; if it is impossible to determine the number of years, the

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value is that of the Relation's remit.

Article 301.

Value of the action determined by the value of the legal act

1-When the action is to object to the appreciation of the existence, validity, fulfillment,

modification or resolution of a legal act, meets the value of the given act

by the price or stipulated by the parties.

2-If there is no price or stipulated value, the value of the act determines itself in harmony

with the general rules.

3-If the action is to object to the cancellation of the contract founded on the simulation of the price, the

value of the cause is the largest of the two values under discussion between the parties.

Article 302.

Value of the action determined by the value of the thing

1-If the action has finally to enforce the right of ownership over one thing, the value

of this determines the value of the cause.

2-If the action has an end to the common thing division, it meets the value of the thing that if

intends to divide.

3-In the inventory processes, it is catering to the sum of the value of the goods to be shared; when

is not determined the value of the goods, it meets the constant value of the relationship

presented in the finance service.

4-Treating yourself to another real right, it meets its content and probable duration.

Article 303.

Value of shares on the state of the people or about immaterial interests or

fuzzy

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1-Actions on the state of the people or about immaterial interests consider themselves

always of value equivalent to the remit of the Relation and more € 0.01.

2-A The same rule is applicable to the shares for assigning of the home of family dwelings,

constitution or transmission of the right to lease.

3-In the processes for the tutelage of diffuse interests, the value of the action corresponds to that of the damage

invoked, with the maximum limit of double the remit of the Court of Relation.

Article 304.

Value of incidents and of the cautionary procedures

1-The value of the incidents is that of the cause to which they respect, save if the incident has actually

diverse value of the cause, because in this case the value is determined in compliance

with the previous articles.

2-The value of the process or incident of surety is determined by the importance to

cautioning.

3-The value of the cautionary procedures is determined in the following terms:

a) In provisional food and the arbitrage of provisional repair, by

requested mensality, multiplied by 12;

b) In the provisional restitution of possession, by the value of the bulging thing;

c) On the suspension of social deliberations, by the importance of the damage;

d) In the new labor embargo and unspecified cautionary measures, by the

injury that you want to avoid;

e) In the arrest, by the amount of credit that is intended to be secured;

f) In the burp, by the value of the rolled goods.

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Article 305.

Powers of the parties as to the indication of value

1-In the articulation in which it deducts its defence, can the defendant impugt the value of the cause

indicated in the initial petition, provided that it offers another one in substitution; in the joints

following can the parties agree on any value.

2-If the process admits solely two joints, has the author the faculty to come

declare that it accepts the value offered by the respondent.

3-When the initial petition does not contain the indication of the value and, despite this, there is

received, must the author be invited, as soon as the lack is noticed and under comination of the

instance if extinguished, to declare the value; in this case, it gives knowledge to the defendant of the

statement made by the author and, if they have already fined the joints, can the respondent contest

the value declared by the author.

4-A The lack of impugning by the defendant means that it accepts the value attributed to the cause

by the author.

Article 306.

Fixing of value

1-Compete to the judge set the value of the cause, without prejudice to the duty of indication that impend

about the parts.

2-The value of the cause is set in the saneador dispatch, save in the processes referred to in

Article 299 (3) and in those in which there is no place to dispatch saneador, being then

fixed in the sentence.

3-If an appeal is brought before the fixing of the value of the cause by the judge, it shall fix it.

in the order referred to in Article 641.

Article 307.

Value of incidents

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1-If the party deducting any incident does not indicate the respect value, it is understood that

accepts the value given to the cause; the opposing party may, however, impugt the value with

grounds in which the incident has diverse value of that of the cause, observing, with the

necessary adaptations, the provisions of articles 306, 308 and 309.

2-A impugning is also admitted when there is indicated for the incident value

diverse of the cause and the contrarian part if not as with that value.

Article 308.

Determination of value when not enough the will of the parties and the power

of the judge

When the parties have not come to an agreement or the judge does not accept it, the determination of the

value of the cause is done in the face of the elements of the process or, being these insufficient,

upon indispensable representations, which the parties require or the judge to order.

Article 309.

Fixing of the value by means of arbitrage

If arbitrage is necessary, it is this made by a single expert appointed by the

judge, not in this case second arbitrage.

Article 310.

Consequences of the decision of the incident of value

1-When to be apure, by the definitive decision of the incident of verification of the value of the cause,

that the court is incompetent, are the autos officiously remitted to the court

competent, without prejudice to the provisions of paragraph 3.

2-If the ultimate fixation of the value results is another the form of process corresponding to the

action, while maintaining the jurisdiction of the court, is mandated to follow the appropriate form,

without cancelling the previous processed and correcting, if any, the distribution

checked out.

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3-The court retains its competence when it is officiously fixed to the cause a

lower value than the one indicated by the author.

CHAPTER III

Intervention by third parties

SECTION I

Main intervention

SUBSECTION I

Spontaneous intervention

Article 311.

Intervention of litisconsort

Being outstanding cause between two or more people, may in it intervene as part

main one which, in relation to its object, has an interest equal to that of the author or of the

respondent, pursuant to articles 32, 33 and 34.

Article 312.

Position of the intervener

The main player makes it worth a right of its own, parallel to that of the author or the defendant,

presenting your own articulate or adhering to those presented by the party with whom

associates.

Article 313.

Intervention by mere accession

1-A The intervention of the litisconsort, carried out upon adherence to the joints of the part with

who associates, is admissible at all time, while not definitely

judged the cause.

2-A intervention by mere adherence is deducted in simple application, making the

intervener its the articulates of the author or the respondent.

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3-The intervener subject himself to accept the cause in the state in which it is found, being

considered revel as to the previous acts and terms, however, enjoying the status of

main part from the time of your intervention.

4-A The intervention is not admissible when the opposing party is grounded on the grounds that

the state of the process no longer allows it to assert personal defense it has against the

intervener.

Article 314.

Intervention by articulation of its own

The intervention by articulated is only admissible until the end of the phase of the joints,

formulating the intervener to its own petition, if the intervention is active, or

contesting the claim of the author, if the intervention is passive.

Article 315.

Subsequent processing

1-Redear the intervention, the judge, if there is no reason to reject it liminally,

orders the notification of the primitive parties to respond to it, deciding soon from the

admissibility of the incident.

2-In the event that the intervention by articulate itself is admitted, the following are followed

too much articulated, counting the deadline for your submission of the notification of the

dispatch that has accepted it.

SUBSECTION II

Intervention provoked

Article 316.

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Scope

1-Orunning litisconsortium pretertition required, either party may call the

judgment the person concerned with legitimacy to intervene in the cause, be it as its associate,

be as an associate of the opposing party.

2-In cases of voluntary litisconsortium, can the author provoke the intervention of some

litisconsort of the defendant that there is no defendant initially or of third against whom

intends to direct the application pursuant to Rule 39.

3-The champ can still be deducted on the initiative of the respondent when this:

a) Show attendant interest in calling to intervene other volunteer litisconsorts,

taxable persons of the contested material relationship;

b) Intends to provoke the intervention of possible conholders of the invoked right

by the author.

Article 317.

Effectivation of the right of return

1-Being the provision required of some of the sympathetic condors, the calling may have

on end the recognition and condemnation in the satisfaction of the right of return that

may come to watch, if you have to carry out the entirety of the provision.

2-In the case provided for in the preceding paragraph, if only the debt solidarity is impugned

and the pretense of the author can immediately be adjudicated proceeded, is the primitive defendant soon

doomed in the application in the saneador dispatch, pursuing the cause among the author of the

calling and the calling, circumscribed to the issue of the right of return.

Article 318.

Opportunity of the champing

1-The champing for intervention may only be required:

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a) In the event that the required litisconsortium pretermation occurs, up to the end of the phase

of the joints, without prejudice to the provisions of Article 261;

b) In the situations provided for in Article 321 (2) until the end of the phase of the

articulated;

c) In the cases provided for in Article 316 (3) and in the previous article, in the dispute

or, not intending the defendant to contest, in an application filed within the period of

which has for this purpose.

2-Oulife the opposing party, it decides the admissibility of the champing.

Article 319.

Terms in which it is proced

1-Admitigating the intervention, the person concerned is called by means of quotation.

2-In the act of citation, they receive the interested copies of the joints already offered,

presented by the applicant of the champing.

3-The quoted can offer your articulate or declare that it makes your author's joints

or of the defendant, within a time equal to the faculty for the contestation, following among the

parts the remaining admissible joints.

4-If you intervene in the process past the time limit referred to in the preceding paragraph, it has to

accept the joints of the party to which it associates and all the acts and terms already processed.

Article 320.

Value of the sentence as to the ticket

The sentence that comes to be handed down on the merit of the cause appreciates the legal relationship of which

be a holder of the call to intervene, constituting, as to him, case judged.

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SECTION II

Ancillary intervention

SUBSECTION I

Intervention provoked

Article 321.

Field of application

1-The defendant who has action of return against third party to be indemnified from the injury that

cause you the loss of demand may call you to intervene as an auxiliary in the defense, always

that the third party lacks legitimacy to intervene as a main part.

2-A The intervention of the so-called circumscrive itself to the discussion of the issues that have

Repercussion in the return action invoked as grounds of the chamination.

Article 322.

Deduction of the champing

1-The calling is deducted by the respondent at the contestation or, not intending to contest, in

application submitted within the period of which it has the effect, justifying the interest

that legitimizes the incident.

2-The judge, heard the opposing party, appreciates, in an irrecourse decision, the relevance of the

interest that is at the base of the chamfering, deferring it when the intervention does not

unduly disrupt the normal progress of the process and, in the face of the reasons cited, if

convince of the feasibility of the return action and its effective dependence on the issues a

decide in the main cause.

Article 323.

Subsequent terms

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1-The call is cited, running again in your favor the deadline to contest and passing

benefiting from the status of assistant, applying, with the necessary adaptations, the

provisions of Articles 328 and following.

2-Do not proceed to the edital citation, and the judge should consider fining the incident when

convince of the inviability of the personal citation of the ticket.

3-Without prejudice to the provisions of the following article, the so called may raise

successively the call of third parties that consider their debtors in via de

return, by applying, with the necessary adaptations, the provisions of the previous articles.

4-A sentence handed down constitutes case judged as to the call, in the terms provided for

in Article 332, concerning the questions of which the author's right of return is dependent

of the call, by this invocable in subsequent action of compensation.

Article 324.

Tutelage of the rights of the author

Past 60 days on the date on which it was initially deducted the incident without if

show carried out all the quotes to which this one has given place, may the author apply for the

continuation of the main cause after the expiry of the deadline that the defendants already effectively

cites benefited to contest.

SUBSECTION II

Incidental intervention of the Public Ministry

Article 325.

How to process

1-Whenever, in the terms of the Organic Law's respect, the Public Prosecutor's Office should intervene

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incidentally in the cause, it is officiously notified of the pendency of the action, as soon as the

instance if it considers itself started.

2-Compete to the Public Prosecutor's Office, as an ancillary intervener, to ensure the interests that

are entrusted to you by exercising the powers that the procedural law confers on the ancillary party

and promoting what you have for convenient to the defence of the interests of the assisted party.

3-The Public Prosecutor's Office is notified for all acts and representations, as well as of all

the decisions rendered in the process, on the same terms in which the should be the parties

in the cause, having legitimacy to appeal when it deems it necessary to the defence of the

public interest or the interests of the assisted party.

4-Until the final decision and without prejudice to the preclusions provided for in the law of procedure, may the

Prosecutor's Office, orally or in writing, claim what to offer you in defence of the

interests of the person or assisted entity.

SUBSECTION III

Assistance

Article 326.

Concept and legitimacy of assistance

1-Being pending a cause between two or more people, can intervene in it as

assistant, to assist any of the parties, who has legal interest in which the

decision of the vote is favorable to that party.

2-For there to be legal interest, capable of legitimizing the intervention, it is enough that the assistant

be a holder of a legal relationship whose practical or economic consistency depends on the

pretension of the assisted.

Article 327.

Intervention and deletion of the assistant

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1-The assistant can intervene at all times, but has to accept the process in the state at

to be found.

2-The request for assistance can be deducted on a special application or in articulation

or allegation that the assisted was in time to offer.

3-There is no reason to dismissively dismiss the request for intervention, orders the

notification of the party contrary to what the assistant proposes to assist; whether or not there is opposition

of the notified, it decides immediately, or as soon as it is possible, if the assistance is

legitimate.

Article 328.

Assistant position-Powers and general duties

1-The assistants have in the process the position of auxiliaries of one of the main parts.

2-Assistants enjoy the same rights and are subject to the same duties as the

assisted part, but their activity is subordinated to that of the main part, not the

practice acts that this one has lost the right to practise nor take action that is

as opposed to that of the assisted; there is insansible divergence between the main part and

the assistant, prevails the will of that one.

3-Can apply for the testimony of the assistant as part.

Article 329.

Special position of the assistant

If the assisted is revel, the assistant is considered to be its procedural substitute, but without

you are allowed to carry out acts that the one has lost the right to practise.

Article 330.

Proofs usable by the assistant

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The assistants may make use of any means of proof, but as to the proof

testihal only to complete the number of witnesses provided to the main part.

Article 331.

The assistance and confession, desistance or transaction

The assistance does not affect the rights of the main parties, which can freely confess,

give up or transigir, fining in any of these cases the intervention.

Article 332.

Value of the sentence as to the assistant

The sentence handed down in the cause constitutes case judged in relation to the assistant, which is

thank you to accept, in any subsequent cause, the facts and the right that the court decision

has established, except:

a) If you claim and prove, in the later cause, that the state of the process at the time of

your intervention or the attitude of the main part prevented you from making use of

allegations or means of evidence that could influence in the final decision;

b) If it shows that it was unaware of the existence of allegations or means of proof

susceptible to influx in the final decision and that the assisted did not soccur from them

intentionally or by gross negligence.

SECTION III

Opposition

SUBSECTION I

Spontaneous opposition

Article 333.

Concept of opposition-Until when it can admit itself

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1-Being pending a cause between two or more people, may a third party intervene in it

as the opoiety to make it worth, in the confrontation of both parties, a right of its own,

fully or partially incompatible with the claim deducted by the author or by the

recontwenty.

2-A The intervention of the opoiety is only admitted while it is not designated day for the

discussion and judgment of the cause in 1 th instance or, not taking place the hearing of

trial, while not being handed down sentence.

Article 334.

Deduction of spontaneous opposition

The opponent deducts his claim by means of the petition, to which they are applicable, with the

necessary adaptations, the provisions relating to the initial petition, including in what

respects the procedural costs.

Article 335.

Position of the opoie-Marcha of the process

1-If the opposition is not liminally rejected, the opoiety is having in the instance the

main part position, with the inherent rights and responsibilities, and is ordered

the notification of the primitive parties to contest their request, within equal terms of the

granted to the defendant in the main action.

2-Can be followed by the joints corresponding to the form of process applicable to the cause

main.

Article 336.

March of the process after the opposition's articulates

Finishes the joints of the opposition, proceeds to sanitation and condensation, as to the

matter of the incident, in the terms of the form of process applicable to the root cause.

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Article 337.

Attitude of the parties as to the opposition and its reflection in the structure of the process

1-If any of the parties to the root cause recognize the right of the opoiety, the process

follows only between the other party and the opoiety, taking this the position of author or of

respondent, as per your opponent for the defendant or the author of the main cause.

2-If both parties challenge the right of the opoiety, the instance follows between the three

parts, in this case two related causes, one between the primitive parts and the other

between the opoiety and those.

SUBSECTION II

Opposition provoked

Article 338.

Opposition provoked

When you are willing to satisfy the provision you are required to but have knowledge

that a third party burrows or may burrow itself of law incompatible with that of the author,

may the respondent, within the time frame to contest, require the third party to be quoted for

deduce, wanting, your claim, as long as that defendant proceed simultaneously

to the consignment in deposit of the amount or thing due.

Article 339.

Citation of the opoiety

The third party is cited to deduct its claim within equal terms of that granted to the respondent for the

his defense, with the comination that, if it does not, is soon handed down sentence to recognize

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the right of the author and to declare extinct the obligation as a result of the deposit.

Article 340.

Consequence of the inertia of the cited

1-If the third party does not deduct its claim, having been or should be deemed to have been quoted

in your own person and not by checking any of the exceptions to the cominatory effect

of the revelation, is soon handed down sentence to declare extinct the obligation as a consequence of the

deposit.

2-A sentence handed down has, in the case provided for in the preceding paragraph, force of trial case

relatively to the third.

3-If the third party does not deduct its claim, without verifying the conditions to which it is

refers to paragraph 1, the action shall continue its terms, for it to be decided on the title

of the right.

4-In the case provided for in the preceding paragraph, the sentence handed down shall not preclude, nor to which the

third demand from the author what this there is improperly received, nor the one who complains of the

Defendant the giving due, if it shows that this omitted, intentionally or with guilt

serious, facts essential to the good decision of the cause.

Article 341.

Deduction of the application by the opoie-Marcha ulterior process of the process

When the third party deducts its claim, it applies, with the necessary adaptations, the

provisions of Article 922 (3).

SUBSECTION III

Opposition upon third-party embargoes

Article 342.

Funding of the third party embargoes

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1-If the hourly, or any judicially ordered act of seizure or delivery of goods,

to offend the possession or any right incompatible with the realization or scope of the

diligence, of which it is holder who is not party to the cause, may the aggrieved make it worth,

deducting embargoes from third party.

2-It is not admitted to deduction of third party embargoes regarding the seizure of goods

performed in the insolvency proceedings.

Article 343.

Third-party embargoes by the spouses

The spouse who has the position of third party may, without permission of the other, defend by

means of embargoes the rights with respect to own goods and common goods which

hajam were unduly hit by the due diligence in the previous article.

Article 344.

Deduction of embargoes

1-The embargoes are processed by apenso to the cause in which there has been ordered the act

offensive of the right of the embargoer.

2-The embargoer deducts his claim, upon petition, in the subsequent 30 days to the

in which the due diligence was effected or in which the embargoer was aware of the offence,

but never after the respected goods have been judicially sold or

adjudicated, offering soon the evidence.

Article 345.

Introductory phase of embargoes

Being presented in time and there are no other reasons for the immediate undue

of the embargoes petition, the necessary probatory representations are carried out, the

embargoes received or rejected as there is or is not serious probability of the existence

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of the right invoked by the embargoer.

Article 346.

Effects of rejection of embargoes

The rejection of embargoes, pursuant to the provisions of the preceding Article, shall not preclude the

embargoer proposing action in which it asks for the declaration of the entitlement of the right which obstinate to the

fulfillment or the scope of the diligence, or claim the seized thing.

Article 347.

Effects of the receipt of the embargoes

The dispatch that receives the embargoes determines the suspension of the terms of the process in

which are to be incurred, as to the goods to which they relate, as well as the provisional refund

of the possession, if the embargoer to be required, may, however, the judge condition it to the

provision of surety by the applicant.

Article 348.

Subsequent processing to the receipt of the embargoes

1-Received the embargoes, the primitive parts are notified to contest, following

the terms of the common process.

2-When embargoes only merge into the invocation of possession, can any of the

primitive parties, in the contestation, ask for recognition, either of their right to

property on the goods, whether that such right belongs to the person against whom the

diligence was promoted.

Article 349.

Case trial material

The sentence of merit handed down in the embargoes constitutes, in the general terms, case judged

as to the existence and entitlement of the right invoked by the embargoer or by some of the

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embargoed, pursuant to paragraph 2 of the preceding Article.

Article 350.

Third-party embargoes with preventive function

1-Third party embargoes can be deducted, on a pre-emptive basis, before it was held,

but after milking, the due diligence referred to in Article 342, observing the

provisions of the previous articles, with the necessary adaptations.

2-A due diligence will not be effected before handed down decision in the introductory phase of the

embargoes and, being these received, will continue to be suspended until the final decision, and the

judge determine that the embargoer will pay collateral.

CHAPTER IV

Habilitation

Article 351.

When it takes place the habilitation-Who can promote it

1-A habilitation of the successors of the deceased party in pendency of the cause, to with them

pursue the terms of demand, can be promoted both by either party

that they survive as per any of the successors and should be promoted against the

parts that are survived and against the successors of the deceased who are not applicants.

2-If, as a result of the representations for citation of the defendant, result in certificate the

demise of this, may apply for the habilitation of its successors, in accordance

with what in this chapter it is available, even if the death is prior to the proposition of the action.

3-If the author fails after he has conferred mandate for the proposition of the action and before

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this has been instituted, can promote the habilitation of its successors when

check some of the excecional cases in which the mandate is susceptible to be exercised

after the death of the constituent.

Article 352.

Common rules of processing the incident

1-Deduced the incident, it orders the citation of the required that have not yet been

cited for the cause and notification of the remaining, to contest the habilitation.

2-The incident is auctioned by apenso, without prejudice to the provisions of paragraph 1 of the following article.

3-A improvenance of the habilitation shall not preclude the applicant from deducting another, with

grounds in different facts or in various evidence relating to the same fact; the

new habilitation, when founded on the same facts, can be deducted in the process

of the first, by the simple offer of other evidence, maintaining, however, the duty

of payment of the charges relating to the first habilitation.

Article 353.

Process to be followed in case the legitimacy is already recognized in document or

in another process

1-Whether the quality of heir or the one that legitimizes the enabling to replace the part

deceased is already declared in another process, by decision transitioned on trial, or

recognized in notarial habilitation, the habilitation is based on the basis of the sentence or

of the deed, being required and prosecuted in the autos themselves of the main cause.

2-The interested parties for whom the decision constitutes case adjudicated or who intervened in the

scripture shall not challenge the quality assigned to them in the habilitation title,

save if they claim that the title does not fulfil the conditions required by this article or

addiction nursing that invalidates it.

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3-In the lack of dispute, it is apparent whether the document proves the quality that it depends on

habilitation, deciding whether to comply; if any of the so-called contesting, follow

the production of the proof offered and then decides.

4-Presented certificate of the inventory, by which the facts indicated, it is observed

what gets laid out in this article.

Article 354.

Habilitation in the event that the legitimacy is not yet recognized

1-Not if checking any of the cases provided for in the previous article, the judge decides the

incident as soon as, fining the term of the dispute, if it makes the production of proof that in the

case couber.

2-When the quality of heir is dependent on the decision of some cause or of

issues that should be resolved in another process, habilitation is required against

all those vying for inheritance and all are cited, but the court only judges enabled

the persons who, at the time the habilitation is decided, should consider themselves

as herders; the other concerned, to whom the decision is notified, are admitted to

intervene in the cause as litisconsorts of the habilitated, observing the willing us

articles 313 and following.

3-If it is a party to the cause a collective person or society that becomes extinct, the habilitation of the

successors do so in accordance with the provisions of this article, with the necessary

adaptations and without prejudice to the provisions of Article 162 of the Code of Societies

Commercials.

Article 355.

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Habilitation in the case of uncertainty of people

1-If they are uncertain, editorially the successors of the deceased party are cited.

2-Fishing the timeframe of the edicts without the citations to be compared, the cause follows with the

Prosecutor's Office, in the applicable terms of Article 22.

3-The successors to appear, either during, or after the term of the edicts, deduct

your habilitation in the terms of the previous articles.

4-In cases where inheritance is assigned judicial personality, it is lawful to apply for

respect habilitation.

Article 356.

Habilitation of the acquirer or transferee

1-A habilitation of the acquirer or transferee of the thing or right in dispute, to with it

follow the cause, it is done in the following terms:

a) Washed in the process the term of the assignment or together with the application for

habilitation, which is autuised by apenso, the title of the acquisition or of the assignment, is

notified the opposing party for contesting; in the dispute may the notified

challenge the validity of the act or claim that the transmission has been made to make more

difficult to position in the process;

b) If there is any dispute, the applicant may respond to it and then,

produced the necessary evidence, is handed down decision; in the absence of contestation,

check-sese the document proves the acquisition or the assignment and, in the affirmative case,

declares itself entitled the acquirer or transferee.

2-A habilitation can be promoted by the transmittance or transferor, by the acquirer or

transferee, or by the opposing party; in this case, the provisions of the preceding paragraph shall apply,

with the necessary adaptations.

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Article 357.

Habilitation before the higher courts

1-The provisions of this chapter shall apply to the habilitation deducted before the courts

superiors, tasking the trial of the incident to the rapporteur.

2-If there is the evidence testifying, it may the rapporteur determine that the process lowered

with the aphensive to the 1 th instance, for there to be tried the incident.

3-If you are passed away or if you extinguish any of the parties while the habilitation is pending in the

1 th instance, there is deduced the new habilitation.

4-If it is stopped in the 1 th instance for more than six months, by inertia of the habilitor, the

process of the incident is returned to the top court for the purposes of Rule 281.

5-The interposed appeals to the court where the incident was raised are adjudicated by the

judges of the main cause.

CHAPTER V

Settlement

Article 358.

Onus of settlement

1-Before starting the discussion of the cause, the author deduces, being possible, the incident of

liquidation to make net the generic application, when this refers to a

universality or the consequences of an illicit fact.

2-The settlement incident can be deducted after it has handed down sentence of

generic conviction, in accordance with Article 609 (2), and, if admitted, the

extinct instance considers itself renewed.

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Article 359.

Deduction of settlement

1-A settlement is deducted upon application offered in duplicate, in which the

author, as the cases, relates the objects understood in the universality, with the

indications necessary to identify themselves, or specify the damage derived from the fact

illicit and concludes by asking for certain amount.

2-When settlement is deducted upon application submitted by transmission

electronical data, the author is relieved to deliver the duplicate referred to in the number

previous.

Article 360.

Later terms of the incident

1-A The opposition to the settlement is formulated in duplicate, except when presented by

electronic transmission of data, in the terms set out in the porterie provided for in paragraph 1 of the

article 132.

2-If the incident is deducted before you begin the discussion of the cause, the matter of the

settlement is considered in the themes of the evidence set out or to be enunciated in the terms of the

n Article 596 (1), the evidence is offered and produced, being possible, with those of the

remaining matter of the action and defence and the settlement is discussed and adjudicated with the cause

main.

3-When the incident is deducted after it is handed down the sentence and the defendant contests, or,

not contesting, the revelation should consider itself to be inoperative, follow the terms

subsequent of the declarative common process.

4-When the evidence produced by the litigants is insufficient to set the amount due,

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it is incumbent upon the judge to complete it upon officiating compensation, ordering, inter alia, to

production of expert evidence.

Article 361.

Settlement by arbitrators

1-A The settlement referred to in Article 358 (2) shall be made by one or more arbitrators, in the

cases in which the law especially determines or the parties convene it.

2-The appointment of arbitrators shall be applicable to the appointment of experts.

3-The third umpire only intervenes in the lack of agreement between the other two, but it is not

thank you to conform to the vote of any of them.

4-Not forming a majority, the third party's laureate prevails.

Title IV

Of the cautionary procedures

CHAPTER I

Common cautionary procedure

Article 362.

Scope of unspecified cautionary measures

1-Whenever someone shows founded fear that you will hear cause serious injury and

hardly repairable to your right, may apply for conservatory providence or

anticipatory concretely appropriate to ensure the effectiveness of the threatened right.

2-The interest of the applicant may merge into an existing right or in law

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emergent decision making to be delivered in constitutive action, already proposed or to propose.

3-The arrangements referred to in paragraph 1 shall not apply when it is intended to accrunt the

risk of injury especially preempted by some of the typified arrangements in the

next chapter.

4-It is not admissible, in reliance on the same cause, the repetition of providence that there is

been judged unwarranted or has lapsed.

Article 363.

Urgency of the cautionary procedure

1-The cautionary procedures are always of an urgent nature, preceding the

respects acts any other non-urgent judicial service.

2-Procedures instituted before the competent court shall be decided, in

1 th instance, within the maximum period of two months or, if the respondent has not been quoted, of

15 days.

Article 364.

Relationship between the cautionary procedure and the main action

1-Except if the inversion of the litigation is enacted, the cautionary procedure is

dependency on a cause that is based on the acautelate right and may be

instigated as a preliminary or as an incident of declarative or executive action.

2-Required before motion the action, is the procedure attached to the autos of this, soon

that the action is instituted and if the action comes to run in another court, then the action is remitted

apenso, staying the judge of the action with exclusive competence for the subsequent terms

to the shipment.

3-Required in the course of the action, should the procedure be instituted in the court where

this one runs and processed by apenso, unless the action is pending appeal;

in this case the apensation only takes up when the procedure is fined or when the

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autos of the main action lowers to the 1 th instance.

4-Neither the judgment of the matter of fact, nor the final decision handed down in the procedure

cautionary, have any influence on the trial of the main action.

5-In cases where, under international conventions in which the State is party

portuguese, the cautionary procedure is reliance on a cause that has already been or there is

be intentioned in foreign court, the applicant shall make proof in the autos of the

cautionary procedure of the pendency of the main cause, through the certificate passed by the

respects court.

Article 365.

Processing

1-With the petition, the applicant offers summary evidence of the right threatened and justifies the

fear of the injury.

2-It is always permissible to set, pursuant to civil law, compulsory pecuniary penalty

that it proves to be appropriate to ensure the effectiveness of the decreed providence.

3-It is subsidarily applicable to the precautionary procedures the provisions of Articles 293 to

295.

Article 366.

Adversarial of the respondent

1-The court hears the defendant, except when the hearing pits at serious risk the end or the

effectiveness of providence.

2-When it is heard before the enactment of providence, the respondent is cited for

deduct opposition, being the citation replaced by notification when it has already been

cited for the main cause.

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3-A The dilation, when it is in place under Article 245, can never exceed the

duration of 10 days.

4-There is no place the edital citation, owing the judge to dismiss the hearing of the respondent

when to make sure that the personal citation of this is not feasible.

5-A revealing of the respondent that there has been cited has the effects provided for in the common process

of statement.

6-When the respondent is not heard and the providence comes to be enacted, only after his / her

achievement is notified of the decision that ordered it, applying to the notification the

precept as to the citation.

7-If action is proposed after the defendant has been cited in the cautionary procedure, the

proposition produces effects against him since the submission of the initial petition.

Article 367.

Final hearing

1-Fishing the term of the opposition, when the respondent has been heard, proceeds, when

necessary, to the production of the evidence required or officiously determined by the judge.

2-A lack of any person summoned and from whose testimony if not prescinda, as well as

the need to carry out any probationary due diligence in the course of the hearing, only

determine the suspension of this at the convenient height by assigning it soon date to its

continuation.

Article 368.

Dewound and replacement of providence

1-A providence is decreed as long as there is a serious probability of the existence of the right and

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prove to be sufficiently founded the fear of your injury.

2-A providence may, notwithstanding, be refused by the court, when the injury thereof

resulting for the respondent considerably exceeds the damage that with it the applicant

intends to avoid.

3-A decreed provident may be replaced by appropriate collateral, at the request of the

required, whenever the collateral offered, heard the applicant, if it shows sufficient

to prevent the injury or repair it in full.

4-A substitution per collateral is without prejudice to the right to appeal the order that there is

ordered the replaced providence, nor the faculty of against this deducting opposition,

pursuant to Article 370.

Article 369.

Inversion of the litigation

1-Mediant application, the judge, in the decision that decrees providence, may dismiss the

applicant of the burden of propositionof the main action if the matter acquired in the

procedure to enable you to form safe conviction about the existence of the right

acautelate and if the nature of the providence enacted is appropriate to be carried out

definitive composition of the dispute.

2-A dispensation provided for in the preceding paragraph may be required until the closure of the

final hearing; dealing with procedure without prior adversarial, may the

required to oppose the reversal of the litigation jointly with the imputation of the

providence enacted.

3-If the acautelated right is subject to expiry, this interrupts with the application

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of inversion of the litigation, restarting the term count from the transit

on trial of the decision handed down on the issue.

Article 370.

Resources

1-A The decision enacting the inversion of the litigation is only recurrable in conjunction with the

Appeal of the decision on the required providence; the decision that indefencesthe inversion is

irrecursible.

2-Of the decisions rendered in the cautionary procedures, including the one that determines the

reversal of litigation, it is not up to appeal to the Supreme Court of Justice, without

injury of the cases in which the appeal is always admissible.

Article 371.

Purposeful of the main action by the required

1-As soon as transite on trial the decision that there is enacted the cautionary providence and

inverted the litigation, is the required notified, with the warning that, wanting,

should intry the action aimed at impugning the existence of the acauteled right in the 30 days

subsequent to the notification, under penalty of the providence decreed to consolidate as

definitive composition of the dispute.

2-The effect provided for in the final part of the preceding paragraph shall also verify when,

proposed the action, the process is stopped more than 30 days by negligence of the

applicant or the defendant is acquitted of the instance and the author does not propuser new action in

time to take advantage of the effects of the proposal from the previous one.

3-A provenance, by decision transitioned on trial, of the action proposed by the defendant

determines the expiry of the decreed providence.

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Article 372.

Adversarial subsequent to the decrement of providence

1-When the respondent has not been heard before the enactment of providence, it is

licit, alternatively, following the notification provided for in Article 366 (6):

a) To appeal, in the general terms, of the order which decreed it, when it understands that,

in the face of the established elements, she should not have been deinjured;

b) Deducing opposition, when you intend to claim facts or produce means of proof not

taken into account by the court and that may ward off the grounds of providence

or determine their reduction by applying, with the necessary adaptations, the

provisions of Articles 367 and 368.

2-The respondent may challenge, by any of the means referred to in the preceding paragraph, to

decision that has reversed the litigation.

3-In the case referred to in point b) of paragraph 1, the judge decides on maintenance, reduction or

revocation of the previously enacted providence, and the appeal of this decision, and, if

for the case, of the maintenance or revocation of the inversion of the litigation; any of the

decisions constitutes complement and an integral part of the initially preferred.

Article 373.

Deciduation of providence

1-Without prejudice to the provisions of Article 369, the cautionary procedure extinguishes itself and,

when enacted, the providence lapses:

a) If the applicant does not propuser the action of which the providence depends within 30

days, counted from the date on which you have been notified the transit on trial of the

decision that there shall be ordered;

b) If, proposed the action, the process is stopped more than 30 days, by negligence

of the applicant;

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c) If the action comes to be dismissed, by decision transitioned on trial;

d) If the respondent is acquitted of the instance and the applicant does not propuser new action in

time to take advantage of the effects of the proposition of the previous one;

e) If the right which the applicant intends to accrate if it has extinguished.

2-When the cautionary providence has been replaced by surety, it is this without effect

on the same terms in which the would be the providence replaced, ordering the

lifting of that.

3-A The extinction of the procedure, or the lifting of providence, are determined by the

judge, with prior hearing of the applicant, as soon as it is shown to be shown in the autos

occurrence of the extinctive fact.

Article 374.

Responsibility of the applicant

1-If the providence is deemed unwarranted or comes to lapse in fact attributable to the

applicant, responds this for the damage culposely caused to the respondent, when not

has acted with normal prudence.

2-Whenever you judge it convenient in the face of the circumstances, you can the judge, even without

hearing of the respondent, making the provision of providence dependent on the provision of

appropriate collateral security by the applicant.

Article 375.

Criminal guarantee of providence

Incursion into the penalty of the crime of qualified disobedience all the one who infringes upon

cautionary providence enacted, without prejudice to the appropriate measures for its implementation

coercion.

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Article 376.

Subsidiary application to the nominated procedures

1-With the exception of the precept in Rule 368 (2), the provisions set out in this

chapter are applicable to the cautionary procedures regulated in the subsequent chapter,

on everything as on it if you don't find it especially preventable.

2-The provisions of Article 374 (2) shall only apply to the arrest and the Labor embargo

new.

3-The court is not adstrate to the concretely required provision, being applicable to the

cumulation of cautionary arrangements to which to fall forms of various procedure o

precept in paragraphs 2 and 3 of Article 37.

4-The regime of inversion of the litigation shall apply, with due adaptations, to the

provisional restitution of possession, suspension of social deliberations, food

provisional, to the new labor embargo, as well as to the other arrangements provided for in

avulsa legislation whose nature allows to carry out the definitive composition of the dispute.

CHAPTER II

Specified cautionary procedures

SECTION I

Provisional restitution of possession

Article 377.

In which cases take place the provisional restitution of possession

In the case of violent scarlet, may the possessor ask that it be restituted provisionally to the

his possession, alleging the facts that constitute possession, the sash and the violence.

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Article 378.

Terms in which the refund is ordered

If the judge acknowledges, by the examination of the evidence, that the applicant had the possession and was

bullied her violently, orders restitution, no citation nor arraignment of the

bubbber.

Article 379.

Defence of possession upon unspecified providence

To the possessor who is flushed or disturbed in the exercise of his right, without which

occur the circumstances set out in Article 377, it is provided, in the general terms, the

common cautionary procedure.

SECTION II

Suspension of social deliberations

Article 380.

Assumptions and formalities

1-If any association or society, whatever its kind, takes deliberations

contrary to the law, the statutes or the contract, any partner may apply, within the period of

10 days, that the execution of such deliberations be suspended, justifying the quality of

partner and showing that this execution can cause appreciable damage.

2-The partner instruct the application with copy of the minutes in which the deliberations were taken

and that the direction should provide the applicant within twenty-four hours; when the law

dispense assembly meeting, copy of the minutes is replaced by document

proof of deliberation.

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3-The deadline for the application for the suspension is due to the date of the assembly in

that the deliberations have been taken or, if the applicant has not been regularly

summoned to the assembly, from the date on which he was aware of the deliberations.

Article 381.

Contestation and decision

1-If the applicant alleges that he was not provided copy of the minutes or the document

corresponding, within the time limit set in the previous article, the citation of the association or

Society is made with the comination that the contestation is not received without entering

accompanied by the copy or the missing document.

2-Even if the deliberation is contrary to the law, the statutes or the contract, the judge may

stop suspending it, provided that the injury resulting from the suspension is superior to that

may derive from execution.

3-A from the citation, and as long as it is not tried in 1 th instance the request for suspension,

it is not lawful for the association or society to perform the impugned deliberation.

Article 382.

Inversion of the litigation

1-If the inversion of the litigation has been enacted, the deadline for the purposeful of the action to be

that alludis from Article 371 (1) only commense:

a) With the notification of the court decision that there be suspended deliberation;

b) With the registration, when mandatory, of a judicial decision.

2-To propose or intervene in the action referred to in the preceding paragraph have legitimacy, in addition to the

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required, those who would have legitimacy for the action of nullity or annulment of the

social deliberations.

Article 383.

Suspension of the deliberations of the assembly of condominos

1-The provisions of this section shall be applicable, with the necessary adaptations, to the suspension of

cancellable deliberations of the assembly of building condonations subject to the regime of

horizontal property.

2-It is cited to challenge the person to whom it competes the judicial representation of the

condones in the action for annulment.

SECTION III

Provisional foods

Article 384.

Plea

The holder of the right to food may apply for the setting of the monthly amount you should receive,

the title of provisional foods, while there is no payment of the first instalment

definitive.

Article 385.

Procedure

1-Received in judgment the provisional food petition, is soon designated day for the

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judgment, being the warring parties of which they are to appear in person at the

hearing or in her making herself represent by attorney with special powers to

transigir.

2-A contestation is presented at the hearing itself and in this the judge seeks to obtain the fixation

of food by agreement, which soon homologates by sentence.

3-In the absence of any of the parties or if the attempt at conciliation frustrates, the judge orders the

production of the proof and then decides, by oral sentence, succinctly substantiated.

Article 386.

Scope of the decision

1-Food is due from the first day of the month subsequent to the date of

deduction from the respect requested.

2-If there is grounds for amending or making a cessation of the provision fixed, the application is

deducted in the same process, observing the terms prescribed in the articles

previous.

Article 387.

Special scheme of the responsibility of the applicant

The applicant for the provisional food only accounts for the damage caused to the

improvenance or lapse of providence if it has acted in bad faith, owing to

compensation be fixed equitably and without prejudice to the provisions of paragraph 2 of the article

2007. of the Civil Code.

SECTION IV

Arbitrage of provisional repair

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Article 388.

Plea

1-As reliance on the action of compensation founded on death or personal injury,

may the aggrieved, as well as the right holders referred to in paragraph 3 of the article

495. of the Civil Code, apply for the right amount arbitrage, in the form of income

monthly, as interim repair of the damage.

2-The judge defers the required providence, provided that a situation of

need as a result of the damage suffered and are indicted the existence of

obligation to indemnify the office of the respondent.

3-A provisional liquidation, to be charged in the definitive liquidation of the damage, is fixed

equitably by the court.

4-The provisions of the preceding paragraphs shall also apply to cases in which the claim

Indemnity if it merges in susceptible damage from seriously endaning the livelihood or

housing of the slug.

Article 389.

Processing

1-It shall apply to the processing of the providence referred to in the preceding Article

about the provisional foods, with the necessary adaptations.

2-In the lack of voluntary payment of the provisionally arbitrated repair, the decision is

immediately enforceable, following the terms of the special food run.

Article 390.

Expiry of the providence and repetition of the amounts paid

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1-If the providence decreed comes to lapse, the applicant shall refund all benefits

received, in the terms provided for the enrichment without cause.

2-A final decision, delivered in the action of compensation, when not to arbitrate any

repair or assign lower repair to the provisionally established, condemns always

the aggrieved to restitute whatever is due.

SECTION V

Arresto

Article 391.

Fundamentals

1-The creditor who has justified fear of losing the patrimonial guarantee of his credit

may apply for the arrest of goods from the debtor.

2-The arrest consists of a judicial seizure of goods, to which the provisions are applicable

concerning the attachment, in anything other than to counteract the precept in this section.

Article 392.

Processing

1-The claimant of the arrest deducts the facts that make the existence of the credit probable and

justify the invoking fear by relating the goods that are to be seized, with

all indications necessary to the realization of the due diligence.

2-Being the arrest required against the purchaser of goods of the debtor, the applicant, if not

show you have been judicially impugned the acquisition, deduct still the facts that make

likely the provenance of the challenge.

Article 393.

Subsequent terms

1-Examined the evidence produced, the arrest is decreed, without hearing of the party

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contrarian, provided that they show fulfilled the legal requirements.

2-If the rrest there has been required in more goods than the sufficient for safety

normal of credit, it reduces the guarantee to the fair limits.

3-The arrestee cannot be deprived of the income strictly indispensable to his

food and from your family, which are set to you in the terms provided for food

provisional.

Article 394.

Arrest of ships and their cargo

1-Treating whether to harrest on ship or on its cargo, it is incumbent upon the applicant to demonstrate,

in addition to the fulfillment of the general requirements, that the attachment is admissible, attentive to

nature of credit.

2-In the case provided for in the preceding paragraph, the seizure does not take place if the debtor offers

soon cautions that the creditor accepted or that the judge, within two days, judge idonea, staying

suspended the exit of the vessel until the provision of the surety.

Article 395.

Special case of expiry

The arrest gets without effect, not only in the situations provided for in Article 373, but also in the

case of, obtained in the action of fulfilment sentence with transit on trial, the creditor

dissatisfied not to promote execution within the subsequent two months, or if, promoted

execution, the process gets ununderway for more than 30 days, by negligence of the

exequent.

Article 396.

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Special arrest with dispensation of the fair fear of loss of the patrimonial guarantee

1-The Public Prosecutor's Office may require arrest against treasurers or any

officials or agents of the state or other public collective persons when

are found in reach, with no need to prove the fair fear of loss of the

equity guarantee.

2-It shall not apply as provided for in points (2) a) and b ) of Article 373 (1) when the liquidation

of the financial liability of the agent is the jurisdiction of the Court of Auditors.

3-The creditor may obtain, without a need to prove the fair fear of loss of the warranty

patrimonial, the harrest of the good that was transmitted upon legal business when

is in debt, in whole or in part, the price of the respect acquisition.

SECTION VI

New labor embargo

Article 397.

Foundation of the embargo-Extrajudicial embargo

1-The one who is thought to be offended in his or her right of ownership, singular or common, in

any other real or personal right of enjoyment or in his possession, as a result of

work, work or new service that causes you or threatens to cause injury, may

apply for, within 30 days, to count from the knowledge of the fact, that the work, work

or service be ordered to suspend immediately.

2-The person concerned can also directly do the embargo by extrajudicial,

notifying verbally, in the face of two witnesses, the developer, or, in his absence, the

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in charge or whoever replaces it so as not to continue.

3-The embargo provided for in the preceding paragraph is, however, without effect if, within five

days, no judicial ratification is required.

Article 398.

Embargo on the part of public collective people

1-When they are lacking in competence to enact administrative embargo, they may

State and the other public collective persons embark, pursuant to this section, the

works, constructions or buildings initiated in contravention of the law or the regulations.

2-The embargo provided for in the preceding paragraph shall not be subject to the period set out in paragraph 1 of the

previous article.

Article 399.

Works that cannot be embargoed

They cannot be embargoed, under this section, the works of the state, of the rest

public collective persons and the concessionary entities of public works or services

when, by the litigation they report to a legal-administrative relationship, the defence of rights

or aggrieved interests if it should take effect through the means provided for in the law of procedure

contentious administrative.

Article 400.

How it is done or ratifies the embargo

1-The embargo is made or ratified by means of auto, in which it describes, minutely,

the state of the work and its measurement, when it is possible; it notifies the owner of the work or,

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on his foul, the in-charge or whoever replaces him, so as not to continue.

2-The self is signed by the employee who the lavre and by the developer or by whom the

driving, if the owner is not present; when the developer cannot or does not want to

3-The embargoer and the embargoed can, in the act of the embargo, send out photographs of the

work, to be jointed to the process; in this case, it is the fact that is consigned to the self, with the

indication of the name of the photographer and the identification of the photographic plate.

Article 401.

Authorization of the continuation of the work

Embargoed the work, it may be authorised for its continuation, the application of the embargoed,

when it is recognized that the demolition restitutes the embargoer to the state prior to the

continuation or when it is apt that the injury resulting from the shutdown of the work is

considerably higher than what may arise from its continuation and in both cases

upon prior escrow to the total demolition expenses.

Article 402.

How it reacts against abusive innovation

1-If the embargoon continues the work, without authorization, after the notification and while the

embargo subsist, may the embargoer require it to be destroyed the innovated part.

2-Ascertained the existence of innovation, is the embargoed condemned to destroy it; if not the

make within the fixed term, promote, in the autos themselves, the execution for the

provision of due fact.

SECTION VII

Arroam

Article 403.

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Plea

1-Havendo fair fear of extravio, concealment or dissipation of goods, furniture or real estate,

or of documents, may apply for their burp.

2-The burp is dependence on the action to which the specification of the goods or the

proof of the entiarity of the rights relating to the rolled things.

Article 404.

Legitimacy

1-The burp may be required by any person who has an interest in the

conservation of the goods or documents.

2-Lenders are only allowed to apply for bold in cases where there is room

collection of the inheritance.

Article 405.

Process for the decrement of providence

1-The applicant makes summary evidence of the right relating to the goods and facts in which

substantiates the fear of its extravio or dissipation; if the right relative to the goods

depend on the proposed action or to propose, has the applicant to convince the court of the

probable provenance of the corresponding application.

2-Produced the evidence that is judged necessary, the judge orders the arrangements if

acquire the conviction that without the burp, the interest of the applicant is at risk

serious.

3-In the respect of dispatch, the appointment of a depositary and still of a

evaluator, who is excused from the oath.

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Article 406.

How to burrow

1-The burp consists of the description, assessment and deposit of the goods.

2-It is dishwasher self in which the goods are described, in numbered monies, as in

inventory, if it declares the value fixed by the commendation and to make sure the delivery to the depositary

or the diverse destination they have had; the auto mentions still all occurrences with

interest and is signed by the employee who lavish it, by the depositary and by the possessor

of the goods, if you watch, and you should intervene two witnesses when it is not signed by

the latter.

3-In the act of the burp assists the possessor or holder of the goods, whenever it is in the

location or you can call it and want to watch; you may this interested do

represent by judicial representative.

4-The document burp is done in similar terms, but with no need for

evaluation.

5-Are applicable to the belting the provisions relating to the attachment, in all as not

contravenes the established in this section or the diverse nature of providences.

Article 407.

Cases of imposition of stamps

1-When there is urgency in the burp and it is not possible to effectuate it immediately or

when you can't complete it on the day it was started, impose stamps on the doors

of the houses or in the furniture in which are the objects subject to extravio, adopting the

necessary arrangements for your safety and continuing due diligence on the day that

is assigned.

2-The objects, roles or values of which it is not necessary to make use and that do not suffer

deterioration by being closed are, after arrolic, closed in boxes

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lacquered with seal, which must be deposited in the General Deposit Box.

Article 408.

Who should be the depositary

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

inconvenience in which they are delivered.

2-The bold self serves as a description in the inventory to which there is to be proceeded.

Article 409.

Special arbearings

1-As a preliminary or incident of the action of judicial separation of persons and goods, divorce,

declaration of nullity or marriage annulment, any of the spouses may apply for

the belting of common goods, or of own goods that are under the administration of the

another.

2-If there are abandoned goods, by being absent their holder, by being jacent to inheritance,

or for another reason, and becoming necessary acautelate loss or deterioration, are

collected judicially, upon arroam.

3-It shall not apply to the bearings provided for in the preceding paragraphs the provisions of paragraph 1

of Article 403.

Title V

From the statement of the process

CHAPTER I

General provisions

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Article 410.

Object of the statement

The instruction has by object the themes of the proof set out or, when there is no need to

place to this enunciation, the facts in need of proof.

Article 411.

Principle of the inquisitory

It is incumbent upon the judge to carry out or order, even officiously, all necessary representations

to the clearance of the truth and the fair composition of the dispute, as to the facts of which it is

licit know.

Article 412.

Facts that do not lack allegation or proof

1-Do not lack proof or allegation the notorious facts, and should consider themselves as

such the facts that are of the general knowledge.

2-Also do not lack any allegation the facts that the court has knowledge of by

virtue of the exercise of its functions; when the court is due to these facts, it shall

make joining the process document that proves them.

Article 413.

Attendant evidence

The court must take into account all the evidence produced, whether or not

emanating from the party that was supposed to produce them, without prejudice to the provisions they declare

irrelevant to the allegation of a fact, when it is not done by certain interested.

Article 414.

Principle to be observed in cases of doubt

The doubt about the reality of a fact and about the apportionment of the burden of proof resolves

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against the party to whom the fact is taken advantage of.

Article 415.

Principle of the adversarial hearing

1-Unless otherwise stipulated, no evidence without hearing is accepted or produced

contradictory from the party to whom hajam from being opposite.

2-As for the constitutive evidence, the party is notified, when it is not revel, for all

the acts of preparation and production of the proof, and is admitted to intervene in these acts in the

terms of the law; regarding the pre-constituted evidence, it must provide the party to

impugment, both of the respective admission and of its probative force.

Article 416.

Presentation of mobile or real estate

1-When the party intends to use, as a means of proof, a mobile thing that can, without

inconvenience, being put at the disposal of the court, delivers it in the registry within the

deadline set for the submission of documents; the opposing party may examine the

thing in the secretion and spoon her photography.

2-If the party intends to use real estate, or furniture that cannot be deposited in the

office, will make notifying the opposing party to exercise the colleges to which the

previous number, and notification shall be required within the time limit in which it may be

offered the rol of witnesses.

3-A The proof by presentation of things does not affect the possibility of expert evidence or by

inspection in relation to them.

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Article 417.

Duty of cooperation for the discovery of the truth

1-All persons, whether or not they are parties to the cause, have a duty to provide their

collaboration for the discovery of the truth, responding to what they are asked,

submitting to the necessary inspections, providing for what is requested and practicing

the acts that are determined.

2-Those who refuse due collaboration are condemned in a fine, without prejudice to the

coercive means that are possible; if the recorder is a party, the court appreciates

freely the value of the refusal for probative purposes, without prejudice to the inversion of the burden

of the evidence arising from the precept in Article 344 (2) of the Civil Code.

3-A The refusal is, however, legitimate if obedience imports:

a) Violation of the physical or moral integrity of the people;

b) Intrusion into the private or family life, at home, in correspondence or

in telecommunications;

c) Violation of professional secrecy or public servants, or of the secret of

State, without prejudice to the provisions of paragraph 4.

4-Deduced escuses on the grounds of point c) of the previous number, is applicable, with the

adaptations imposed by the nature of the interests in question, the provisions of the proceedings

penal about the verification of the legitimacy of the escuses and the dispensation of the duty of secrecy

invoked.

Article 418.

Dispensation of confidentiality by the judge of the cause

1-A simple confidentiality of data that find themselves in the availability of services

administrative, in manual or informatic support, and which refer to the identification, to the

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residence, profession and employer or permit the clearance of the

equity situation of some of the parties concerned pending, shall not preclude the judge from the

cause, officiously or by the requirement of some of the parties, may, in dispatch

reasoned, determine the provision of information to the court, when it considers them

essential to the regular progress of the process or to the fair composition of the litigation.

2-Information obtained in the terms of the preceding paragraph is strictly used in

an indispensable measure to the fulfillment of the purposes that determined its requisition, not

may be unjustifiably disclosed or constitute object of a file of

nominative information.

Article 419.

Early production of proof

There is fair fear of coming to become impossible or very difficult the testimony of certain

persons or the verification of certain facts by means of arbitrage or inspection, may the

testimony, the arbitration or the inspection to be carried out in advance and even before it is

proposed the action.

Article 420.

Form of the anticipation of proof

1-The applicant for early evidence summarily justifies the need for anticipation,

accurately mentions the facts about what there is-from relaping and identifies the people who will-

of being heard, when it comes to deposition of part or witnesses.

2-When you require the due diligence before the action is proposed, please indicate succinctly the

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application and the fundamentals of demand and identify the person against whom it is intended

make use of the proof, in order for it to be notified personally for the effects of the article

415. º; if the latter cannot be notified, the Public Prosecutor is notified, when it is

of uncertain or of absentees, or a lawyer appointed by the judge, when it deals with

missing in the right part.

Article 421.

Extraprocedural value of the evidence

1-The affidavits and arbitrations produced in a proceeding with conflicting hearing

of the Party may be relied on in another case against the same party, without prejudice to the

Provisions of Article 355 (3) of the Civil Code; if, however, the production regime of the

proof of the first process offer the parts guarantees lower than those of the second, the

testimonials and arbitrations produced in the first one are only worth in the second as

principle of proof.

2-The willing in the preceding paragraph has no application when the first process has

been annulled, in the part relating to the production of the evidence that is intended to be invoked.

Article 422.

Registration of affidavits provided in advance or by letter

1-The affidavits of the parties, witnesses or any other persons who should presage-

them in the process are always recorded, when provided in advance or by letter.

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

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

understand timely and goading to the testimony, after reading the text of your statement,

confirm it or ask for the necessary rectifications.

CHAPTER II

Proof by documents

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Article 423.

Time of the presentation

1-Documents intended to make evidence of the fundamentals of action or defence should

be presented with the articulate in which the corresponding facts are aleased.

2-If they do not go together with the articulate respect, the documents can be

submitted up to 20 days prior to the date on which the final hearing is held, but the part is

doomed in fine, except if it proves that the could not offer with the articulate.

3-After the time limit provided for in the preceding paragraph, only the documents are admitted

whose presentation has not been possible until that time, as well as those whose

presentation if it has become necessary by virtue of later occurrence.

Article 424.

Effects of the subsequent submission of documents

The submission of documents pursuant to the provisions of paragraph 3 of the preceding Article

obstinates to the realization of the production representations of proof, save if, not the part of

contrary to examine them in the act itself, even with suspension of work for the time

required, the court to consider the relevant document and declare that there is serious

inconvenience in the further hearing.

Article 425.

Presentation at a later time

After the closing of the discussion are only admitted, in the case of appeal, the

documents whose presentation has not been possible until that time.

Article 426.

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Joining of opinions

The opinions of lawyers, teachers or technicians can be together, in the courts of 1.

instance, in any state of the process.

Article 427.

Notification to the opposing party

When the document is offered with the last one articulated or after it, its

presentation is notified to the contrary, save if this is present or the document

is offered with allegations that admit to response.

Article 428.

Display of cinematographic reproductions and phonograph records

To the party presenting as evidence any cinematographic reproduction or registration

phonograph is incumbent on the court to provide the court with the technical means of displaying it, whenever it is

required, without prejudice to the provisions of Article 411.

Article 429.

Documents in power of the opposing party

1-When you intend to make use of document in power of the opposing party, the person concerned

requires that it be notified to present the document within the time frame that is

designated; in the application the party identifies as possible the document and

specify facts that with him wants to prove.

2-If the facts that the party intends to prove have an interest in the decision of the cause, it is

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ordered the notification.

Article 430.

Non-presentation of the document

If the notified does not submit the document, the provisions of paragraph 2 of the article shall be applicable.

417.

Article 431.

Escusa of the notified

1-If the notified declarant that it does not have the document, the applicant is admitted to prove,

by any means, that the statement does not correspond to the truth.

2-It Is Incumbent on the notified that there is the document and that it intends to exudes itself to the

effect provided for in Article 344 (2) of the Civil Code to demonstrate that, without fault of its own,

he disappeared or was destroyed.

Article 432.

Documents in power of third party

If the document is in third party power, the party requires that the possessor be

notified to deliver it at the registry office, within the time limit that is set, being applicable to

this case the provisions of Article 429.

Article 433.

Sanctions applicable to the notified

The court may order the seizure of the document and convict the notified in a fine,

when he does not deliver the delivery, nor make any statements, or when he declarates that

does not have the document and the applicant proves that the statement is false.

Article 434.

Refusal of justified delivery

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If the possessor, despite the fact that none of the cases provided for in paragraph 3 of the article

417., claiming fair cause for not effecting delivery, is obliged, under penalty of being

applicable the penalties prescribed in the preceding article, to provide the document for the purpose of

be photographed, judicially examined, or if they extract from it the copies or reproductions

necessary.

Article 435.

Caveat of commercial bookkeeping

The judicial display, by whole, of the commercial writing books and the documents to it

relative is governed by the provisions of the trade legislation.

Article 436.

Requisition of documents

1-Incumbent on the court, on its initiative or on the application of either party,

request information, technical opinions, plants, photographs, drawings, objects or

other documents necessary for the clarification of the truth.

2-A The requisition may be made to the official bodies, the parties or to third parties.

Article 437.

Sanctions applicable to the parties and to third parties

Parties and third parties who do not comply with the requisition incur a fine, save if

justify their procedure, without prejudice to the coercive means intended for the

compliance with the requisition.

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Article 438.

Expenses caused by the requisition

1-The expenses to which the requisition gives way shall come into a cost rule, by way of charge,

being soon abated to the official bodies and to third parties by the party that has suggested to

diligence or the one to whom the diligence harness.

2-When the judge checks that the requisitioned documents clearly reveal themselves

impertinent or unnecessary and in case the requesting Party has not acted with the

prudence due, it is the same condemned to the payment of fine under the terms of the

Regulation of Procedural Costs.

Article 439.

Notification to parties

The obtaining of the requisitioned documents is notified to the parties.

Article 440.

Legalization of past documents in foreign country

1-The authentic documents spent in foreign country, in the compliance of the law of that

country, consider to be legalized as long as the signature of the civil servant is

recognized by diplomatic agent or consular Portuguese in the state respects and the

signature of this agent is authenticated with the white seal consular seal.

2-If private documents laundered outside Portugal are legalized by

foreign public official, legalization lacks value while if they don't get it

the recognitions required in the preceding paragraph.

Article 441.

Copy of hard read documents

1-If the letter of the document is difficult to read, the party is obliged to submit a copy

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readable.

2-If the party does not comply, incorrecting fine and joins copy at the expense of it.

Article 442.

Joining and restitution of documents and opinions

1-Regardless of dispatch, the office joins the process all documents and

opinions presented for this purpose, unless they are manifestly

extemporaneous; in such a case, the secretion makes the autos conclusive, with its information, and

the judge decides on the junction.

2-The documents incorporate themselves in the process, unless, by their nature, they cannot

be incorporated or there is inconvenience in the embedding; in this case, they stay

deposited in the registry, so that the parties can examine them.

3-Documents cannot be removed but after passing on trial the decision

which brings an end to the cause, unless the respective possessor justifies the need for

early restitution; in this case, ficano full copy process, obliging the person

to whom they have been restituted to exhibit the original, whenever this is required.

4-Transition to decision, the documents belonging to the official bodies or to third parties

are delivered immediately, while those belonging to the parties are only restituted

upon application, leaving itself in the photocopying process of the delivered document.

Article 443.

Documents unduly received or tardily presented

1-Together the documents and complied with by the Registry the provisions of Article 427, the judge, soon

that the process is conclusive, if you have not ordered the junction and check that the

documents are impertinent or unnecessary, sends them out of the process and

restitute them to the present, convicting this to the payment of fine under the terms of the

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Regulation of Procedural Costs.

2-In case the provisions of Article 423 (2) are applicable, the Party is condemned in the

payment of a single fine.

Article 444.

Impugning the genuineness of document

1-A impugation of the letter or signature of the particular document or the correctness of the

mechanical reproduction, the denial of the instructions referred to in Article 381 (1) of the

Civil Code and the statement that it is not known if the letter or the signature of the document

particular is true must be made within 10 days, counted from the presentation

of the document, if the party to it is present, or of the notification of the junction, in the case

contrary.

2-If, however, they respect the document together with articulate that is not the last, they must

be made in the following articulation and, if they refer to the document together with the allegation of the

recurring, are made within the time limit provided for the claim of the defendant.

3-At the same time, the request for a confrontation of the certificate or copy with the

original or with the certificate that it was extracted.

Article 445.

Proof

1-With the practice of any of the acts referred to in paragraph 1 of the preceding Article, the impuriant

may require the production of proof.

2-Notification to contest, the party that produced the document may apply for production

of proof intended to convince of your genuineness, within 10 days, limited,

however, in 1 th instance, to the end of the oral allegations.

3-A production of proof offered after designated day for final hearing no

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suspending the representations to it does not even determine its adjournment; if there is no time

to notify the witnesses offered, they stay the parties obliged to present them.

Article 446.

Ilision of authenticity or probatory force of document

1-Within the time limit set out in Article 444, the lack of

authenticity of document presumed by law as authentic, the falsity of the

document, the private document underwriting by person who did not know or not

could read without the notarial intervention referred to in Article 373 of the Civil Code, the

subtraction of particular document signed in white and the insertion therein of statements

divergent from the tuned with the signatory.

2-If the party only after that period is aware of the fact that it is substantiated

arguement, can this take place within 10 days from the date of knowledge.

3-A part that there is recognized the document as exempt from vices can only reason vices

supervenients, in the terms of the preceding paragraph, without prejudice to the officiating knowledge

in the terms of civil law.

Article 447.

Arguement by the present

1-A The argument of the partial falsity of document as well as of the insertion, in document

particular signed in white, of statements only partially divergent from the adjusted

with the signatory, can be made by the present himself who wants to be worth the part

not addicted to the document.

2-The present paper may also argue the supervenient falsity of this, in the

terms and within the time limit of paragraph 2 of the previous article.

Article 448.

Answer

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1-A contrarian part is notified to respond, unless the arguement has been made in

articulated that is not the last; in this case, it can answer in the following articulation.

2-If the opposing party does not respond or declare that it does not want to make use of the document,

cannot this be serviced in the cause for any purpose.

3-Presented the answer, is denied follow-up to the argument if this is manifestly

improcedant or merely dilatory, or if the document cannot have influence in the

decision of the cause.

Article 449.

Instruction and judgment

1-With the argument and with the answer, may the parties apply for the production of proof.

2-A matter of the incident is considered in the themes of the evidence set out or to enunciate in the

terms of Article 596 (1).

3-A The production of proof, as well as the decision, take place together with that of the cause, whose

terms if suspending to the effect, when necessary.

4-A The decision handed down on the argument is notified to the Public Prosecutor's Office.

Article 450.

Processing as incident

1-If the argument takes place in executive action, in special process whose plotting

inviabilize the joint or in-pending trial of appeal, the instruction and the

judgment are made in the general terms established for the instance incidents.

2-When the argument takes place in executive action, neither the exequit nor another creditor

can be paid, pending the incident, without providing collateral.

3-If the argument takes place in pending appeal proceedings, the terms are suspended

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of this and, admitted to the arguement, the process low to the 1 th instance for instruction and judgment,

unless, by its simplicity, the matter can be resolved in the court in which the

process is found, in the applicable terms of paragraphs 1 and 2 of Article 357; the resources

interposts in the incident to the court that sent him follow are judged with that

in which the arguement was made.

4-The incident is declared without effect if the respect process is stopped during more

of 30 days, by negligence of the arguer in furthering its terms.

Article 451.

Falsity of judicial act

1-A falsity of citation should be argued within 10 days, to count of the intervention of the respondent

in the process.

2-A falsity of any other judicial act shall be argued within 10 days, to be counted

of the one in which it should be understood that the party was aware of the act.

3-In the incident of bankruptcy of the court act is applicable, with the necessary adaptations, the

provisions of Articles 446 to 450.

4-When the falsity respects the act of citation and can harm the defense of the quoting, the

cause suspending itself as soon as it is admitted to the argument, until definitive decision of this,

observing the provisions of Article 450 (1); but the incident has no follow-up

if the author, notified of the arguement, requires repetition of the act of the citation.

CHAPTER III

Proof by confession and by statements of the parties

SECTION I

Proof by confession of the parties

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Article 452.

Deposition of part

1-The judge may, in any state of the proceedings, determine the personal comparisons of the

parties for the provision of testimony, information or clarifications on facts

who are interested in the decision of the cause.

2-When the testimony is required by some of the parties, they shall soon indicate, of

discriminated form, the facts about which there is-of recair.

Article 453.

From whom it may be required

1-Part testimony may be required of persons who have judicial capacity.

2-May apply for the testimony of inabilit as well as representatives of

incapable, collective people or societies; however, the deposition only has value of

confession in the precise terms in which those can force themselves and these can oblige

your represented.

3-Each Party may apply for not only the affidit of the contrary party, but

also that of your compares.

Article 454.

Facts about that you can relapdown

1-The deposition can only have by object personal facts or that the affident must have

knowledge.

2-It is not, however, permissible to give testimony about criminal facts or torpes, that the

part be argued.

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Article 455.

Testimony of the assistant

The testimony of the ancillary intervener is freely appreciated by the court, which shall

consider the circumstances and the position in the cause of who provides it and who required it.

Article 456.

Moment and place of the deposition

1-The deposition must, as a rule, be provided at the final hearing, unless it is urgent or the

testimonient is unable to appear in court.

2-The regime for the provision of testimony through teleconference provided for in the article

502. is applicable to the parties residing outside the comarch, or the island's respective, in the case of the

Autonomous Regions.

3-Can still the testimony be provided at the prior hearing, applying, with the

necessary adaptations, the provisions of the preceding paragraph.

Article 457.

Impossibility of comparability in court

1-Attesting that the party is unable to appear in court on grounds of

illness, the judge can make check by doctor of his trust the veracity of the allegation

and, if so, the possibility of the party deposed.

2-Havendo impossibility of comparency, but not of provision of testimony, this

carry out on the day, time and place that the judge designates, heard the assistant doctor, if it is

necessary, where it is not possible for you to provide it under the provisions of the

articles 518 and 520.

Article 458.

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Order of affidavits

1-If both parties have to testify before the court of the cause, it deposes in the first

place the defendant and then the author.

2-If they have to depose more than one author or a respondent, they cannot attend the testimony

of any of them the compares that have not yet deposed and, when housings of

depose on the same day, are collected to a room, donde leave second to order why

must depose.

Article 459.

Provision of the oath

1-Before beginning testimony, the court makes sense of the testimony the moral importance

of the oath you will render and the duty to be faithful to the truth, cautioning you still from the

sanctions applicable to the false statements.

2-Then the court requires the affident to take the following oath: " I swear by the

my honor that I have-to tell the whole truth and only the truth. "

3-A The refusal to take the oath amounts to the refusal to depose.

Article 460.

Interrogation

After the preliminary interrogation aimed at identifying the testimony, the judge interrogates him

about each of the facts that must be the subject of the deposition.

Article 461.

Responses from the affident

1-The affident responds, with precision and clarity, to the questions asked, and the part may

contrary to require the necessary instances to clarify or complete the

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answers.

2-A part can't bring written testimony, but it can soccur from documents or

apartments of dates or facts to answer the questions.

Article 462.

Intervention by lawyers

1-Attorneys for the parties may ask for clarification from the affidavit.

2-If any of the lawyers understand that the question is inadmissible, by the form or by the

substance, it can deduce its opposition, which is soon adjudicated definitely.

Article 463.

Written reduction of the deposition of part

1-The deposition is always reduced in writing, in the part where there is confession of the

affident, or in which this narre facts or circumstances that imply indivisibility

of the confounding statement.

2-A essay is incumbent on the judge, and the parties or their lawyers may make the complaints

who understand.

3-Completed the settlement, is read to the testimonient, which confirms it or makes the rectifications

necessary.

Article 464.

Declaration of nullity or annulment of confession

The action of declaration of nullity or annulment of the confession does not preclude the

pursue the cause in which the confession has taken place.

Article 465.

Irrevocability of confession

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1-A confession is irredeemable.

2-However, the express confessions of facts, made in the joints, can be removed,

while the opposing party has not accepted it specified.

SECTION II

Proof by declarations of part

Article 466.

Declarations of part

1-The parties may apply for, until the beginning of the oral claims in 1 th instance, the provision

of statements on facts in which they have intervened personally or that they have

direct knowledge.

2-The declarations of the Parties shall apply to the provisions of Article 417 and still, with the necessary

adaptations, the one set out in the previous section.

3-The court freely appreciates the statements of the parties, unless the same constitues

confession.

CHAPTER IV

Expert proof

SECTION I

Designation of experts

Article 467.

Who carries out the expertise

1-A expertise, required by either of the parties or determined officiously by the judge, is

requested by the court the appropriate official establishment, laboratory or service, or,

when this is not possible or convenient, carried out by a single expert, appointed

by the judge of among persons of recognized idoneity and competence in the matter in

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cause, without prejudice to the provisions of the following article.

2-The parties are heard on the appointment of the expert, and may suggest who to carry out

the due diligence; with agreement of the parties on the identity of the expert to be appointed, shall the

judge appoint him, save if he mercifully has reasons to question his suitability

or competence.

3-Medical-legal expertise is carried out by the medico-legal services or by the experts

doctors hired, in the terms provided for in the diploma that regulates them.

4-The remaining perices may be carried out by entity contracted by the establishment,

laboratory or official service, as long as it has no interest in relation to the

object of the cause nor link with the parties.

Article 468.

High school expertise

1-A expertise is carried out by more than one expert, up to the number of three, functioning at

collegiate or interdisciplinary molds:

a) When the judge officiously determines him, for understanding that the expertise is

special complexity or requires knowledge of distinct subjects;

b) When any of the parties, in the required requirements in Article 475 and paragraph 1

of Article 476, apply for the achievement of collegial expertise.

2-In the case provided for in paragraph b) from the previous number, if the parties agree on the

appointment of the experts, the provisions of the second part of paragraph 2 of the article shall apply.

previous; There is no agreement, each party chooses one of the experts and the judge appoints the

third.

3-The parties wishing to use the faculty provided for in the b) of paragraph 1 shall state

soon to be respected experts, save if, claiming justified difficulty, ask for the

extension of the deadline for referral.

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4-If there is more than one author or more than one respondent and divergence occurs between them in the

choice of the expert respects, the designation of the majority prevails; not coming to form-

if a majority, the appointment returns to the judge.

Article 469.

Performance of the expert function

1-The expert is obliged to perform with due diligence the function for it to have been

appointed, and the judge may convict him in a fine when infringing the duties of

collaboration with the court.

2-The expert may be impeached by the judge if he performs in a negligent manner the charge

which has been committed to you, specifically when it does not present or impossibility, by its

inertia, the submission of the expert report within the prescribed period.

Article 470.

Obstacles to the appointment of experts

1-It shall apply to the experts the regime of impediments and suspicions that behold for the judges,

with the necessary adaptations.

2-Are relieved of the exercise of the expert function of the holders of the organs of sovereignty

or of the equivalent bodies of the Autonomous Regions, as well as those that by law,

be equiped with them, the magistrates of the Public Prosecutor's Office in effectivity of

functions and diplomatic agents of foreign countries.

3-Can ask for escuses from the intervention as experts all those to whom it is inchargeable the

performance of the task, mindful of the personal motives invoked.

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Article 471.

Verification of obstacles to appointment

1-The causes of hindrance, suspicion and legal dispensation of the exercise of the function of expert

may be alleged by the parties and by the designated expert himself, depending on the

circumstances, within the period of 10 days from the knowledge of the appointment or,

being supervenient the knowledge of the cause, in the subsequent 10 days; and may be

officiously known until the realization of the due diligence.

2-The escuses are required by the expert himself, within five days of the

knowledge of the appointment.

3-Of the decisions rendered about impediments, suspicion or escuses is not up to appeal.

Article 472.

New appointment of experts

When there is place for the appointment of new expert, as a result of the recognition

of the obstacles provided for in the previous article, of the removal of the expert initially designated

or of the supervenient impossibility of the latter carrying out the due diligence, attributable to the expert

proposed by the party, belongs to the judge in respect of appointment.

Article 473.

Strange experts to the comarch

1-The parties have the burden of presenting the odd experts to the comarch whose appointment

hajam proposed.

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2-Dealing with expert chosen by the judge, are satisfied in advance of the

travel expenses.

3-When the due diligence has to be carried out by letter, the appointment of the experts may take place

in the deprecated judgement.

SECTION II

Proposition and object of the expert proof

Article 474.

Desistance of the due diligence

The part that required diligence cannot give up on it without the annuence of the contrary party.

Article 475.

Indication of the object of the expertise

1-When applying for forensics, the part indicates soon, under penalty of rejection, the object's object,

stating the issues of fact that you want to see clarified through due diligence.

2-A expertise may report, either to the facts articulated by the applicant, or to the

alleged by the opposing party.

Article 476.

Fixation of the object of the expertise

1-If you understand that diligence is neither impertinent nor dilatory, the judge hears the part

contrary on the proposed object, providing it to join this or propose its

extension or restriction.

2-Incumbent the judge, in the order in which he orders the conduct of the due diligence, to determine the

respect object, unmising the questions raised by the parties that it considers

inadmissible or irrelevant or amplifying it to others it deems necessary to the

clearance of the truth.

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Article 477.

Expertise officiously determined

When it deals with officially ordered expertise, the judge indicates, in the order in which

determines the realization of the due diligence, the respect object, and the parties may suggest the

enlargement to another matter.

SECTION III

Realization of the expertise

Article 478.

Fixing the beginning of the due diligence

1-In the order itself in which it orders the realization of the expertise and appoint the experts, the judge

designates the date and location for the beginning of the due diligence, notifying the parties.

2-When it deals with examinations to be held in official institutes or establishments, the judge

requisite to the director of those the realization of the expertise, indicating their object and the deadline of

presentation of the expert report.

3-When for technical or service reasons the expertise cannot be carried out on time

determined by the judge, by you or in the terms of Article 467 (4), shall such a fact be

immediate statement to the court, so that this may determine the eventual

designation of new expert, in accordance with Article 467 (1).

Article 479.

Provision of commitment by the experts

1-The appointed experts provide commitment to conscientious fulfillment of the function

who are committed to them, save if they are civil servants and intervene in the exercise of the

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their functions.

2-The commitment to which you rent the previous number is provided in the act of commencement of the due diligence,

when the judge to her will attend.

3-If the judge does not attend the conduct of the due diligence, the commitment referred to in paragraph 1

may be provided upon written statement and signed by the expert, and may appear

of the expert report.

Article 480.

Acts of inspection by the experts

1-Defined the object of the expertise, proceed the experts to the necessary inspection and enquiries

to the elaboration of the expert report.

2-The judge watches the inspection whenever it deems it necessary.

3-The parties can watch the due diligence and make themselves watch by technical advisor, on the terms

provided for in Article 50, save if the expertise is susceptible to offending the pudor or implicating

breaks down any secrecy that the court understands to merit protection.

4-The parties may make the expert the observations they understand and must provide the

clarifications that the expert adjudicates necessary; if the judge is present, they may

also apply for what they understand convenient in relation to the object of the diligence.

Article 481.

Means available to experts

1-Experts can soccur from all means necessary to the good performance of the

your function, and may request to carry out representations or the provision of

clarifications, or that they are provided with any constant elements of the

process.

2-If the experts, to proceed to the due diligence, need to destroy, change or nuisance

any object, must ask for prior authorization to the judge.

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3-Conceded the authorization, stays in the autos the exact description of the object and, whenever

possible, your photograph, or, by handling document, photocopying properly

conferred.

Article 482.

Letter recognition examination

1-When the exam for the letter recognition cannot be based on the comparison

with constant written letter of writing already existing and that it is known to belong to the person to whom it is

assigned, is this notified to appear before the designated expert, owing

writing, in his presence, the words he indicates.

2-When the person concerned resides outside the area of the comarch and the displacement represents

disproportioned sacrifice, precatory letter is expedited, accompanied by a paper

lacquered, containing the indication of the words that the notified there is-of writing in the presence

of the deprecated judge.

Article 483.

Term fixation for the reporting

1-When forensics cannot soon end with the immediate presentation of the report

expert, the judge fixes the time frame within which the due diligence is to be completed, that no

may exceed 30 days.

2-Experts indicate to the parties the day and time in which they will proceed with the acts of

inspection, where it is lawful to attend to the continuation of the due diligence.

3-The deadline may be extended, for a single time, justified reason.

Article 484.

Expert report

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1-The result of the expertise is expressed in a report, in which the expert or experts se

pronounces grounded in the respect of the object.

2-Addressing high school expertise, if there is no unanimity, the discordant presents the

your reasons.

3-If the judge is to attend the inspection and the expert can immediately make a comment, the report is

dictated to the minutes.

Article 485.

Complaints against the expert report

1-A The submission of the expert report is notified to the parties.

2-If the parties understand that there is any deficiency, obscurity or contradiction in the

expert report, or that the findings do not show properly substantiated,

may formulate your complaints.

3-If the complaints are met, the judge orders the expert to complete, clarify or

fundingly, in writing, the report presented.

4-The judge may, even in the absence of complaints, officiously determine the provision of the

clarifications or additions provided for in the preceding paragraphs.

Article 486.

Comparisons of the experts at the final hearing

1-When some of the parties the rewant or the judge order it, the experts appear in the

final hearing, in order to provide, under oath, the clarifications to them

requests.

2-Expert experts from establishments, laboratories or official services are heard by

teleconference from your place of work.

SECTION IV

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Second forensics

Article 487.

Realisation of second expertise

1-Any of the parties may require that the second expertise be undertaken, within 10

days to be told of the knowledge of the result of the first, claiming to be founded by

reasons for their disagreement with respect to the expert report presented.

2-The court can order officiously and at all time the realisation of second

expertise, as long as it judges it necessary for the clearance of the truth.

3-A The second expertise has the object to ascertain the same facts as to which it has focused on

first and is intended to correct the eventual inaccuracy of the results of this.

Article 488.

Regime of the second expertise

The second expertise shall be governed by the provisions applicable to the first, with the provisos

following:

a) It may not intervene in the second expert expertise that has participated in the first;

b) The second expertise will be, as a rule, collegial, exceeding the number of experts in two

the one of the first, fit the judge to name only one of them.

Article 489.

Value of the second forensics

The second forensics does not invalidate the first, being one and another freely appreciated by the

court.

CHAPTER V

Judicial inspection

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Article 490.

End of inspection

1-The court, whenever the convenient judge, can, by its initiative or the application

of the parties, and with the proviso of the intimacy of private and family life and dignity

human, inspect things or people, in order to clarify about any fact that

interest to the decision of the cause, and may move to the site of the matter or send

undertake the reconstitution of the facts, when it is understood to be necessary.

2-It is incumbent on the party to require the due diligence to provide the court with the appropriate means available to its

realization, unless it is exempt or dispensed from the payment of costs.

Article 491.

Intervention of the Parties

The parties are notified of the day and time of the inspection and may, by themselves or by their lawyers,

provide the court with the clarifications that he caries, as well as draw your attention

for the facts that repudiates interest for the resolution of the cause.

Article 492.

Intervention of technician

1-It is allowed in the court to follow up with a person who has competence for the

elucidate on the fact-finding and interpretation of the facts that it is proposed to observe.

2-The technician is appointed in the order that orders the due diligence and shall appear in the

final hearing.

Article 493.

Auto of inspection

From the due diligence is dishwashable self in which to register all the useful elements for the examination and

decision of the cause, and the judge may determine that if they take photographs to be joints to the

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process.

Article 494.

Qualified non-judicial checks

1-Whenever it is legally admissible the judicial inspection, but the judge understands that if not

justifies, in the face of the nature of matter, the direct realization of the facts by the court, may be

technical entrusted or qualified person to proceed to the acts of inspection of things or

places or reconstitution of facts and to present their report, applying, with

the necessary adaptations, the provisions of the previous articles.

2-Without prejudice to the atstations carried out by authority or public officer, the verifications

non-judicial qualifications qualify are freely appreciated by the court.

CHAPTER VI

Proof testifying

SECTION I

Unabilities to depose

Article 495.

Ability to depose as a witness

1-Have the capacity to depose as witnesses all those who, not being

interactions by psychic anomaly, have physical and mental fitness to depose over the

facts that constitute the object of the evidence.

2-It Is Incumbent on the judge to check the natural capacity of the persons arrolic as witnesses,

with a view to assessing the admissibility and credibility of the respected testimony.

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Article 496.

Impediments

They are barred from deposed as witnesses who in the cause can depose as parties.

Article 497.

Legitimate refusal to depose

1-Can refuse to depose as witnesses, save in the actions they have as an object

check the birth or death of the children:

a) The ascendants in the causes of the descendants and the adopters in those of the adoptees, and

vice-versa;

b) The father-in-law or mother-in-law in the causes of the son-in-law or the daughter-in-law and vice-versa;

c) Any of the spouses, or ex-spouses, in the causes in which it is party to the other

spouse or ex-spouse;

d) Who to live with, or have conlived, in de facto union in conditions analogous to the

of the spouses with some of the parties to the cause.

2-It Is Incumbent on the judge to warn the persons referred to in the previous number of the faculty who

watches from refusing to depose.

3-Must essay to depose those who are adstry to professional secrecy, to secret

of public servants and the secret of state, regarding the facts covered

by the secrecy, applying in this case the provisions of Article 417 (4).

SECTION II

Production of the testimonial proof

Article 498.

Rol of witnesses-dismissal of respondent

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1-The witnesses are assigned in the rol by their names, occupations and morals and by

other circumstances necessary to identify them.

2-A part may give up at all time from the witness respondent who has offered,

without prejudice to the possibility of officiating respondent, pursuant to Rule 526.

Article 499.

Designation of the judge as a witness

The judge of the cause who is appointed as a witness shall declare under oath in the

process, as soon as this is conclusive or go with you with a view, if you are aware of

facts that may influence the decision: in the affirmative case, it is declared unimpeted, not

and may the party prescind from your statement; in the negative case, the indication is without

effect.

Article 500.

Place and time of the respondent

The witnesses depose at the final hearing, either presentially or via teleconference,

except in the following cases:

a) Early respondent, pursuant to Art. 419;

b) Inquire by rogatory letter, or by expedited letter expedited for consulate

portuguese who do not have the technical means for the respondent by

teleconference;

c) Surveyor at the residence or seat of the services, pursuant to Art. 503;

d) Impossibility of comparability in court;

e) Reduced written respondent in the terms of Article 517;

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f) Deposition provided in writing, pursuant to Rule 518;

g) Clarifications provided in accordance with Article 520.

Article 501.

Respondent at the site of the issue

Witnesses are surveyed at the site of the matter, when the court, for their initiative or

the application by some of the parties, the convenient judge.

Article 502.

Surveyor by teleconference

1-Resident witnesses outside the comarch, or the island's respected, in the case of the Regions

Autonomas, are presented by the Parties, pursuant to Article 507 (2), when

these have thus declared you at the time of your offer, or are heard by

teleconference at the hearing itself and from the court of the comarch of the area of its

residence.

2-The court of the cause designates the date of the hearing after hearing the court where the

witness must provide testimony and proceeds to the notice of this to attend.

3-On the day of the respondent, the witness identifies himself before the judicial officer of the judgment

where the deposition is provided, but from that time the respondent is effected

in the face of the judgment of the cause and the mandators of the parties, via teleconference, without

need for intervention by the judge of the judgment where the testimony is provided.

4-Residents ' witnesses abroad are surveyed by teleconference whenever

at the site of your residence there are the necessary technical means.

5-In the outstanding causes in courts based in the metropolitan areas of Lisbon and the

Porto There is no respondent by teleconference when the witness to inquire resides in the

respect circumscribed, ressaving the cases provided for in Article 520.

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Article 503.

Prerogatives of respondent

1-Gozam of the prerogative to be surveyed at your residence or at the seat of the respects

services:

a) The President of the Republic;

b) Foreign diplomatic agents granting identical regalia to the

representatives from Portugal.

2-Gozam of prerogative of depose first in writing, if they prefer, in addition to the entities

predicted in the previous number:

a) The members of the Council of State;

b) The members of the organs of sovereignty, with exclusion from the courts, and the organs

equivalents of Autonomous Regions;

c) The judges of the higher courts;

d) The provider of Justice;

e) The Attorney General of the Republic and the Deputy Prosecutor General of the Republic;

f) The members of the Superior Council of Magistrates, of the Superior Council of the

Administrative and Fiscal Courts and the Higher Council of the Ministry

Public;

g) The generational officers of the Armed Forces;

h) The high dignitaries of religious confessions;

i) The bastonary of the Order of Lawyers and the Speaker of the House of

Solicitors.

3-When indicating as a witness one of the designated entities in the preceding paragraphs, the

part must specify the facts about which it intends to deposition.

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Article 504.

Respondent to the President of the Republic

1-When you offer yourself as a witness the President of the Republic, the judge pays the respects

communication to the Ministry of Justice, which transmits it, through the Presidency of the

Council of Ministers, the Presidency of the Republic.

2-If the President of the Republic declars that he is not aware of the facts about that

has been asked for his statement, this one has no place.

3-If the President of the Republic prefers, he reports in writing what he knows about the facts; the

court or any of the parties, with the consent of the court, may formulate,

also in writing and for one time, the requests for clarification that we understand.

4-From the refusal of consent provided for in the preceding paragraph is not up to appeal.

5-If the President of the Republic declars that he is ready to depose, the judge requests the

General Secretariat of the Presidency of the Republic the indication of the day, time and place in which

the testimony must be provided.

6-The questioning is done by the judge; the parties can attend the respondent with their

lawyers, but they cannot ask questions or instances, and they should address the judge

when they deem necessary some clarification or addition.

Article 505.

Surveyor of other entities

1-When you offer as a witness to any person of the understanding in the ( b ) from the

n Article 503 (1), the standards of international law are observed; in the absence of these,

if the person prefers to testify in writing, the scheme of the following numbers applies; if not,

is fixed, according to that person, the day, time and place for your respondent,

by giving notice of the notification and observing itself as to the more the common provisions.

2-When you offer as a witness to any person of the understanding in paragraph 2 of the

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article 503, is given knowledge by the court of the offer, as well as of the

facts about which you must recair your statement.

3-If any of these people prefer to testify in writing, refer to the court of the cause, in the

period of 10 days from the date of the knowledge referred to in the preceding paragraph,

statement, under commitment of honour, reporting what you know as to the facts

nominees; the court and any of the parties may, a single time, request

clarifications also in writing, for the provision of which a

period of 10 days.

4-A part that has indicated the witness may request his or her hearing in court,

duly justifying the need of that hearing for complete clarification

of the case; the judge decides, without recourse.

5-Not having the witness referred to the affidavit referred to in paragraph 3, not having respected

the deadlines there set, or by deciding the judge that is necessary for their presence, is the

same witness notified to depose.

Article 506.

People unable to attend by disease

When it shows that the witness is unable to appear in court by

reason for illness, the provisions of Article 457 and the judge do the questioning, well

as the instances.

Article 507.

Designation of witnesses for surveyor and notification

1-The judge designates, for each day of respondent, the number of witnesses who

can probably be surveyed.

2-The witnesses are presented by the parties, unless the party that indicated them requires,

with the presentation of the rol, its notification for comparency or surveying by

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teleconference.

3-No witnesses shall be notified that the parties should submit.

Article 508.

Consequences of the non-turnout of the witness

1-Fishing the deadline to which you rent Article 598 (1), assists yet at the part the faculty of

replace witnesses in the cases provided for in the following number; the replacement shall be

required as soon as the party is aware of the fact that determines it.

2-A The lack of witness is not a reason for postponing the other production acts

of proof, being the witnesses present heard, even if this implies alteration of the

order referred to in the first part of Article 512 (1).

3-In the event that the party does not prescind from any failed witness, the following is observed:

a) If definitive impossibility occurs to depose, subsequent to its indication, the

part has the faculty to replace it;

b) If the impossibility is merely temporary or the witness has changed

of residence after offered, as well as if it has not been notified,

having to have it been, or if it is left to appear for another legitimate impediment,

the party may replace it or apply for the postponement of the respondent by the time limit which

appears indispensable, never surplus to 30 days;

c) If it fails for no justified reason and is not found to come depose on the terms

of the following number, can be replaced.

4-The judge orders that the witness who without justification has failed to compare under

custody, without prejudice to the applicable fine, which is soon fixed in minutes.

5-A The sanction referred to in the preceding paragraph is not applied to the failing witness when the

trial be delayed by diversely respecting reason lack, provided that the party is

commits to present it on the designated day for the realization of the hearing.

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Article 509.

Postponement of the respondent

Unless agreement of the parties, there can be no second postponement of the witness survey

faltingly.

Article 510.

Replacement of witnesses

1-In the case of the replacement of any of the witnesses, the provision of the

testimony without hajam that has elapsed five days on the date on which the replacement to the

contrarian part has been notified, unless this prescind of the deadline; if it is not legally

possible the postponement of the respondent, so as to respect that deadline, is the replacement

without effect, the application of the contrary party.

2-It is not admissible to be surveyed by letter of witnesses offered in replacement of the

initially indicated.

3-The provisions of paragraph 1 shall be without prejudice to the possibility of the judge ordering the respondent, in the

terms of Article 526.

Article 511.

Limit of the number of witnesses

1-The authors cannot offer more than 10 witnesses, for proof of the fundamentals

of the action; equal limitation applies to defendants who submit a single contestation; in the

shares of value not higher than the court's remit of first instance, the limit of the

number of witnesses is reduced to half.

2-In the case of reconvention, each of the parties can offer also up to 10

witnesses, for proof of her and the respected defense.

3-Consider unwritten the names of the witnesses who in the rol overtake the

legal number.

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4-In the light of the nature and extent of the themes of the proof, the judge may, by decision

irrecurrable, admit the respondent of witnesses beyond the limit set out in paragraph 1.

Article 512.

Order of affidavits

1-Before the respondent begins, witnesses are collected to a room, where they leave

to testify by the order in which they are mentioned in the rol, first those of the author and

after those of the respondent, save if the judge determines that the order is changed or the parties

agree on the amendment.

2-If, however, it appears as a witness to some clerk of the registry, it is he the first a

depose, yet it has been offered by the defendant.

Article 513.

Oath and preliminary interrogation

1-The judge, after observing the provisions of Article 459, seeks to identify the witness and

ask him if he is a relative, friend or foe of any of the parties, whether it is for with

them in some relation of dependency and whether it has an interest, direct or indirect, in the cause.

2-When you check for the answers that the declarant is unfettable to be a witness or that

is not the person who has been offered, the judge does not admit to depose.

Article 514.

Fundamentals of impugning

The party against which the witness is produced may challenge his admission with the

same grounds as to why the judge should obstinate testimony.

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Article 515.

Incident of the imputation

1-A impugation is deducted when you finish the preliminary interrogation; if it is from

admit, the witness is asked for the matter of fact and, if not confessing, may the

contest to prove it by documents or witnesses presenting in that act, no

may produce more than three witnesses.

2-The court decides immediately whether the witness should testify.

3-When you carry out the registration or recording of the deposition, they are the object of registration, by

equal mode, the fundamentals of impugning, the answers of the witness and the

testimonies from those who have been asked about the incident.

Article 516.

Regime of the deposition

1-A The witness deposes with precision on the themes of the proof, indicating the reason for the

science and any circumstances that may justify the knowledge; the reason for

science invoked is, when possible, specified and grounded.

2-The interrogation is made by the lawyer of the party who offered the witness, and the

counsel for the other party to do so, as to the facts on which you have deposed, the

indispensable instances to either complete or clarify the deposition.

3-The judge shall stubbornly to the lawyers to disexquisitely treat the witness and to

ask questions or impertinent, suggestive, capsitive or vexatory considerations.

4-The interrogation and the instances are made by the parties ' mandators, without prejudice

of the clarifications requested by the judge or from this power to ask the questions you judge

convenient for the clearance of the truth.

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5-The judge avocates the interrogation when it is shown to be necessary to ensure the

tranquility of the witness or put an end to inconvenient instances.

6-A The witness, before answering the questions asked to him, may consult the

process, require that it be shown certain documents that in it exist,

or present documents intended to corroborate your statement; they are only received

and together to the process the documents that the respect party could not have offered.

7-It shall apply to the testimony of the witnesses to the provisions of Article 461 (2).

Article 517.

Respondent by agreement of the parties

1-Havendo agreement of the parties, the witness may be surveyed by the judicial mandators

in the professional domicile of one of them, and should such an inquire appear in an ata, dated

and signed by the affident and the mandators of the parties, from which the relationship is conspicable

discriminated against the facts to which the witness attended or who verified personally and from the

reasons for science invoked, applying to it still disposed of in paragraphs 1, 2 and 4 of the article

519.

2-A minutes of witness reporting effected under the provisions of the preceding paragraph

can be presented until the closing of the discussion in 1 th instance.

Article 518.

Testimony presented in writing

1-When to check impossibility or severe difficulty of comparability in court,

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may the judge authorize, with agreement of the parties, that the testimony of the witness be

provided through written document, dated and signed by its author, from which it is const

relation discriminated against the facts to which he or she has seen or who has personally checked and of the

reasons of science invoked.

2-Ingoes in the comined feathers for the crime of falsity of testimony who, by the way

constant from the previous number, give false testimony.

Article 519.

Requirements of form

1-The written referred to in the previous article mentions all the elements of identification

of the testimonient, indicates whether there is any relation of kinship, affinity, friendship or

dependency with the parties, or any interest in the action.

2-Must still the affident declare expressly that the written is intended to be

presented in judgment and who is conscious that the falsity of his statements

constants makes you incur criminal responsibility.

3-A signature must show to be recognized notarily, when it is not possible to

display of the respective identification document.

4-When it understands it necessary, it may the judge, officiously or at the request of the parties,

determine, being still possible, the renewal of testimony in its presence, in case of

that the witness is notified by the court, or the provision of any clarifications

which are required to be required, in writing to which the provisions of the figures apply

previous.

Article 520.

Direct communication from the court with the affident

1-When it occurs impossibility or serious difficulty of timely comparability of whom

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should testify at the hearing, can the judge determine, with the agreement of the parties, that they are

provided, through the use of telephone or other means of direct communication of the

court with the affidavit, any clarifications indispensable to the good decision of the

cause, as long as the nature of the facts to be ascertained or clarify whether to show compatible

with the diligence.

2-The court must ensure, by the possible means, of authenticity and full freedom

of the provision of the testimony, specifically determining that the affident is

accompanied by bail-out officer during the provision of that and owing to stay the

record of the minutes its content and the circumstances in which it was harvested.

3-It shall apply to the case provided for in this article the provisions of Article 513 and in the first part

of paragraph 4 of the previous article.

Article 521.

Contradicts

The party against which the witness is produced may contradate it, claiming any

circumstance capable of shaking the credibility of the testimony, whether by affecting the reason of the

science invoked by the witness, either for diminishing the faith that she may deserve.

Article 522.

How to process

1-A contradicts it is deducted when the deposition ends.

2-If the contradicted duty is to be received, the witness is heard on the alleged matter;

when this is not confessed, the party may voucher for it by documents or

witnesses, and may not produce more than three witnesses.

3-Witnesses on the subject matter of the contradicting have to be presented and respondents

immediately; the documents can be offered up to the time it should be

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delivered a decision on the facts of the cause.

4-It shall apply to contradict the provisions of Article 515 (3).

Article 523.

Acareation

If there is direct opposition, about a particular fact, between the affidavits of the

witnesses or between them and the deposition of the party, may take place, officiously or the

application from either party, the acreation of the persons in contradiction.

Article 524.

How to process

1-Being the people present, the acareation does immediately; not being, is

designated day for diligence.

2-If the people to be acarear have deposed by precatory letter in the same court, it is to the

deprecated court that it is incumbent to carry out the due diligence, unless the judge of the cause orders the

comparisons before him of the people who matter to acarear, ponder the sacrifice that the

displacement represents.

3-In case the affidavits should be recorded or recorded, it is recorded, in the same way, the

result of the acaration.

Article 525.

Allowance for expenses and compensation

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The witness who has been notified to attend, resides or not at the court's headquarters and

has or has not provided the testimony, may require, until the closing of the hearing, the

payment of travel expenses and the setting of equitable compensation.

Article 526.

Respondent on the initiative of the court

1-When, in the course of the action, there are reasons to assume that determined person, no

offered as a witness, has knowledge of important facts for the good

decision of the cause, shall the judge order that it be notified to testify.

2-The deposition only takes place after after decorations five days, if any of the parties

apply for the term fixation for the respondent.

Title VI

From the expense, fines and compensation

CHAPTER I

Costing-General principles

Article 527.

General rule in the matter of costs

1-A The decision that judges the action or any of its incidents or appeals condemns in

costs the party that they have given cause or, there is no maturity of the action, who

of the process took advantage.

2-It is understood that it gives cause at the expense of the due process, in the proportion in which the

for.

3-In the case of conviction for solidary obligation, solidarity extends at the expense.

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CHAPTER II

Special rules

Article 528.

Rules relating to litisconsortium and coalition

1-Having been overdue, in totality, several authors or several defendants litisconsorts, these

respond by the expense in equal parts.

2-In the transaction cases of some of the litisconsorts, those who transigite benefit

of a reduction of 50% in the value of the expense.

3-When the maturity of some of the consorts is only partial, the liability

at the expense takes such a circumstance into consideration, in the terms set out in the Regulation

of the Procedural Costs.

4-When there is coalition of authors or defendants, liability for costs is determined

individually in the general terms set out in paragraph 2 of the preceding Article.

Article 529.

Procedural costs

1-The procedural costs cover the rate of fairness, charges and part expense.

2-A The rate of justice corresponds to the amount due for the procedural thrust of each

intervener and is fixed in function of the value and complexity of the cause, pursuant to the

Regulation of Procedural Costs.

3-It is charges of the procedure all expenses resulting from the conduct of the same,

required by the parties or ordered by the judge of the cause.

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4-The expense of part understands what each party has expended with the process and

has a right to be compensated by virtue of the conviction of the opposing party, in the terms

of the Rules of Procedural Costs.

Article 530.

Rate of justice

1-A The rate of justice is paid only for the part that demande in the quality of author or defendant,

exequent or executed, applicant or required, recurrent and resorted to, pursuant to the

provisions of the Rules of Procedural Costs.

2-In the case of reconvention or main intervention, it is only due rate of justice

supplemental when the recontwenty deducts a distinct request from the author.

3-It does not consider itself to be distinct from the request, specifically, when the party intends to achieve,

on its benefit, the same legal effect that the author proposes to obtain or when the

part intends to obtain the mere compensation of credits.

4-Havendo litisconsortium, the litisconsort that figure as a part first in the petition

initial, reconvention or application shall proceed to the payment of the whole fee

of justice, safeguarding the right of return on litisconsorts.

5-In the cases of coalition, each author, reconqueror, enforceable or applicant is responsible

for the payment of the fairness fee, the value of which is set in the terms of the

Regulation of Procedural Costs.

6-In the actions proposed by commercial companies that have given input into any

court, in the previous year, 200 or more shares, procedures or executions, the rate of

justice is set out in the terms of the Rules of Procedural Costs.

7-For the purpose of conviction in the payment of justice fee, they consider themselves to be special

complexity the actions and the cautionary procedures that:

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a) Contain joints or proliple claims;

b) Concern issues of high legal specialization, specificity

technique or impose the combined analysis of legal issues of a very much

diverso; or

c) They imply the hearing of a high number of witnesses, the analysis of means

of complex proof or the realization of various production representations of proof

morose.

Article 531.

Excecional sanctionatory rate

By reasoned decision of the judge, a fee may be excecionally applied

sanctionatory when the action, opposition, application, appeal, claim or incident is

manifestly unimpeding and the party did not act with prudence or diligence

due.

Article 532.

Charges

1-Unless the provisions of the law governing access to the right, each party pays the charges to which

has given rise and that if they are produced in the process.

2-The charges are the responsibility of the party that required due diligence or, when

has been performed officiously, from the part that takes advantage of it.

3-When all parties have the same interest in the diligence or realization of the

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expense, take equal advantage of the due diligence or expense or not be able to determine

who is the interested party, it is the burdens rebroken equally between the parties.

4-Are exclusively borne by the requesting Party, regardless of the

salary or conviction at expense, the charges with making representations

manifestly unnecessary and of a dilatory character.

5-A The application of the standard referred to in the preceding paragraph shall always depend on the determination of the

judge.

Article 533.

Cost of part

1-Without prejudice to the provisions of paragraph 4, the costs of the winning party shall be borne by the

part won, in the proportion of its decay and in the terms provided for in the Regulation

of the Procedural Costs.

2-Understand at the expense of part, specifically, the following expenses:

a) The fees for justice paid;

b) The charges effectively borne by the party;

c) The remuneration paid to the executing agent and the expenses by this effectuate;

d) The honorary of the mandatary and the expenses by this effectuate.

3-The amounts referred to in the preceding paragraph are object of discriminative note and

justification, in which they must also record all the essential elements concerning the

process and the parties.

4-The author who may have recourse to alternative dispute resolution structures, opt for the

recourse to the judicial process, supports your expense of part regardless of the

result of the action, save when the opposing party has made it impossible to use that

means of alternative resolution of the dispute.

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5-The alternative dispute resolution structures referred to in the preceding paragraph are listed

of the porterie of the member of the Government responsible for the area of justice.

Article 534.

Acts and representations that do not enter into the general rule of the expense

1-A The liability of the vencent in the regard at the expense does not cover the acts and incidents

superfluous, nor the representations and acts that they house of repeating themselves by guilt of some

judicial officer, nor the expenses to which der causes the postponement of the judicial act by

unjustified lack of person who was due to attend.

2-Must repudiate the unnecessary acts and incidents for the declaration or

defense of the right; the expense of these acts get to the account of who required them, the expense of the

other acts referred to in paragraph 1 shall be paid by the employee or by the person concerned.

3-The employee or enforcement officer who gives cause to the annulment of acts of the proceedings

responds by the injury resulting from the cancellation, in the terms set by the regime of the

extracontratual civil liability of the State.

Article 535.

Responsibility of the author for the expense

1-When the defendant did not give cause to the action and the non-contests, are the expense paid by the

author.

2-It is understood that the defendant did not give cause to the action:

a) When the author proposes to exercise a mere potent right, that not

has origin in any unlawful fact practiced by the respondent;

b) When the defendant's obligation is only to be won with the citation or after proposal to

action;

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c) When the author, munched from a title with manifest executive force, draws on the

declaration process;

d) When the author, may soon interplay review appeal, make use without

need for the declaration process.

3-Even if the author proposes to exercise a mere potent right, the expense is paid

by the defendant won, when the purpose of the action is of protection to this one.

Article 536.

Breakdown of the costs

1-When the demand of the author or applicant or the opposition of the respondent or defendant were

founded at the time they were either intentioned or deducted and ceased to be by

overdue circumstances to these non-attributable, the expense are rematches between

those in equal parts.

2-It is considered that a change in the circumstances not attributable to the parties occurred

when:

a) The pretension of the author or defendant or opposition of the defendant or applicant if

housees founded in legal provision however amended or revoked;

b) When a reversal of constant jurisprudence occurs in which there is

founded the pretension of the author or applicant or opposition of the defendant or required;

c) When it occurs, in the course of the procedure, prescription or amnesty;

d) When, in the process of execution, the heritage that would serve as a guarantee to the

creditors if it has been dissipated by fact not attributable to the executed;

e) When dealing with action tendant to the satisfaction of pecuniary obligations and come

to occur the declaration of insolvency of the defendant or executed, provided that, at the date of

Purposeful of the action, it was not foreseeable for the author to be referred to insolvency.

3-In the remaining cases of extinction of the instance by impossibility or uselessness

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supervenient of the lide, the responsibility for the expense is borne by the author or

applicant, save if such impossibility or uselessness is attributable to the defendant or required,

case in which it is the one responsible for the totality of the costs.

4-It is considered, in particular, that it is attributable to the defendant or required of uselessness

supervenient of the lide when this decorate of the voluntary satisfaction, on the part of this, of the

claims by the author or applicant, outside the cases provided for in paragraph 2 of the previous article and

save if, in the event of an agreement, the parties wake up the apportionment of the costs.

Article 537.

Costs in the case of confession, desistance or transaction

1-When the cause ends up by quitting or confession, the expense is paid by the party that

give up or confess; and, if the forfeittance or confession is partial, the responsibility for the

costs are proportional to the part of which you have given up or who have confessed.

2-In the case of transaction, the expense is paid in half, unless otherwise agreed, but

when the transaction is made between an exempt or dispensed part of the payment of

costs and another does not exempt nor waived, the judge, heard the Public Prosecutor's Office,

will determine the ratio at which the expense is to be paid.

Article 538.

Costs due to ancillary intervention and assistance

1-The one whose intervention in the cause is accepted and takes up the quality of assistant is

responsible, if the assisted decay, by the payment of costs in the terms defined in the

Regulation of Procedural Costs.

2-In the cases of intervention by the Public Prosecutor's Office, it is only due to cost when this one does not

benefit from exemption for an eventual intervention as a main part in question

contested identical.

Article 539.

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Expense of the cautionary procedures, the incidents and the notifications

1-A The rate of fairness of the cautionary procedures and the incidents is paid by the applicant

and, where there is opposition, by the defendant.

2-When dealing with cautionary procedures, the rate of paid justice is met, the final,

in the respectful action.

3-A The rate of justice in the process of early proof production is paid by the applicant and

served in the action that is in the meantime proposed.

4-A The fairness rate of avulate notifications is paid by the applicant.

Article 540.

Payment of the fees for the expense

The judicial and technical mandators of the winning party may apply for their credit

by fees, expenses and advances is, in whole or in part, satisfied by the expense

that its constituent is entitled to receive from the beaten part, and is always heard the part

winner.

Article 541.

Guarantee of payment of the costs

The expense of the execution, including the fees and expenses borne by the agent of

execution, apensos and respect declarative action leave precypsies of the product of the goods

pawned.

CHAPTER III

Fines and compensation

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Article 542.

Responsibility in the case of bad faith-Notion of bad faith

1-Having litigated in bad faith, the party is convicted in a fine and an indemnity to the party

contrarian, if this one to ask.

2-Says litigant of bad faith who, with dolo or gross negligence:

a) Have deducted pretension or opposition whose lack of foundation should not ignore;

b) Has changed the truth of the facts or omitted facts relevant to the decision of the

cause;

c) Have practiced serious omission of the duty of cooperation;

d) Have made the process or the procedural means a use manifestly

reprobable, with the end of achieving an illegal goal, to prevent the discovery of the

truth, numb the action of justice or stellar, without serious foundation, the traffic

on trial of the decision.

3-Irrespective of the value of the cause and succumin, it is always admitted to appeal, in

a degree, from the decision that convictions by litigation of bad faith.

Article 543.

Content of compensation

1-A compensation may consist of:

a) On the reimbursement of expenses to which the bad faith of the litigant has thanks the party

contrary, including the honorariums of the mandators or technicians;

b) On the reimbursement of such expenses and on the satisfaction of the remaining losses suffered

by the opposing party as a direct or indirect consequence of bad faith.

2-The judge opts for the compensation that he judges most appropriate to the conduct of the litigant in bad faith,

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fixing it always in the right amount.

3-If there are no elements to set in the sentence the importance of the indemnity,

are heard the parties and fixed themselves afterwards, with prudent arbitrio, what seems reasonable,

and may reduce to the fair limits the monies of expenses and fees

presented by the party.

4-The fees are paid directly to the mandatary, unless the party shows that its

patron is already pocketed.

Article 544.

Responsibility of the representative of incapable

When the party is an incapable, the liability of the costs, the fine and the indemnity

fall back on your representative who is in bad faith in the cause.

Article 545.

Responsibility of the representative

When it is recognized that the mandatary of the party has had personal and direct responsibility in the

acts for which it has turned out the bad faith in the cause, will give notice of the fact to the Order of the

Lawyers or the House of Solicitors, so that these can apply the sanctions

respects and convicts the mandatary in the quota-part of the expense, fine and compensation that

seem to them fair.

Title VII

Of the forms of process

CHAPTER I

General provisions

Article 546.

Common process and special processes

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1-The process can be common or special.

2-The special process applies to cases expressly designated in law; the case

common is applicable to all cases to which it does not correspond with special process.

Article 547.

Formal suitability

The judge must adopt the procedural plotting appropriate to the specifics of the cause and adapt the

content and the form of the procedural acts to the end they aim to achieve, ensuring a

equitable process.

CHAPTER II

Process of declaration

Article 548.

Form of the common process

The common process of declaration follows unique form.

Article 549.

Regulatory provisions of the special process

1-Special processes regulate themselves by the provisions of their own and by the

general and common provisions; in everything that is not prevented numas and in other,

observes what it is thought to be established for the common process.

2-When there is place the sale of goods, this is done by the forms established for the

process of execution and preceded by the citations ordered in Article 786, observing

as to the complaint and verification of the claims the provisions of Articles 788 and

following, with the necessary adaptations, by tasking the bailofficer with the practice of the

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acts which, within the scope of the executive process, are the competence of the executing agent.

CHAPTER III

Process of execution

Article 550.

Form of the common process

1-The common process for payment of right amount is ordinary or summary.

2-Employs the summary process in the executions based:

a) In an arbitral or judicial decision in cases where this should not be executed in the

own process;

b) In application for injunction to which the enforceable formula has been affixed;

c) In extrajudicial title of expired pecuniary obligation, guaranteed by mortgage

or pawn;

d) In extrajudicial title of expired pecuniary obligation whose value does not exceed the

double the court's remit of 1 th instance.

3-It is not, however, applicable to the summary form:

a) In the cases provided for in Articles 714 and 715;

b) When the exequating obligation is to be settled at the executive stage and the

settlement does not depend on simple arithmetical calculation;

c) When, if there are executive title divers of sentence only against one of the

spouses, the exequent rands the debt communicability in the application

executive;

d) In the executions moved only against the subsidiary debtor that there is no

renounced to the benefit of the prior excussion.

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4-The common process for delivery of right thing and for delivery of fact follows form

single.

Article 551.

Regulatory provisions

1-They are also subsidiaries applicable to the process of execution, with the necessary adaptations,

the regulatory provisions of the declaration process that show compatible with

the nature of the executive action.

2-Running for delivery of right thing and for delivery of fact are applicable, in the part

where they can be, the provisions relating to the implementation for payment of amount

right.

3-Summary implementation shall apply in a subsidiary to the provisions of the ordinary procedure.

4-Special executions apply in a subsidiary to the provisions of the procedure

ordinary.

5-The process of execution runs in court when it is required or decorates the law to

practice of act of the competence of the registry or the judge and up to the practice of the same.

BOOK III

From the declaration process

Title I

Of the joints

CHAPTER I

Initial petition

Article 552.

Requirements of the initial petition

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1-In the petition, with which it proposes the action, it should the author:

a) Designate the court and respect for judgment in which the action is proposed and identify the

parts, indicating their names, domiciles or sedes and, where possible,

civil identification and tax identification numbers, occupations and places of

work;

b) State the professional domicile of the judicial representative;

c) State the form of the process;

d) Exposing the essential facts that constitute the cause of asking for and the reasons for law

that serve as a foundation of the action;

e) Formulate the application;

f) Declare the value of the cause;

g) Designate the executing agent entrusted with effecting the citation or the mandatary

judicial officer responsible for his promotion.

2-At the end of the petition, the author must present the rol of witnesses and apply for others

means of proof; in case the defendant disputes, the author is admitted to amend the application

probatory initially presented, may do so in the replica, should there be any place in this,

or within 10 days of the notification of the dispute.

3-The author must join the initial petition the supporting document of the prior payment

of the rate of justice due or the granting of the benefit of judicial support, in the

modality of dispensation of the same.

4-When the initial petition is filed by electronic transmission of data, the prior

payment of the rate of justice or the granting of the benefit of the judicial support are

proven in the terms set out in the porterie provided for in Article 132 (1).

5-Being required to quote in accordance with Article 561, missing, at the date of the submission

of the petition in judgment, less than five days for the expiry of the expiry date or

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occurring another reason of urgency, must the author present supporting document

of the request for judicial support required, but not yet granted.

6-In the case provided for in the preceding paragraph, the author shall pay the payment of the rate of

justice within 10 days from the date of the notification of the definitive decision that

indefencted the request for judicial support, under penalty of disentanking the initial petition

presented, unless the dismissal of the request for judicial support is only notified

after effecting the citation of the defendant.

7-For the purpose of the point g) of paragraph 1, the author designates agent of execution entered or

registered in the comarch or in comarch limitrofe or, in his absence, in another comarch

belonging to the same area of competence of the respecting court of the Relation, without

prejudice to the provisions of Article 231 (9).

8-A The designation of the executing agent is without effect if he declarates that he does not accept it, in the

terms to be defined by portaria of the member of the Government responsible for the area of justice.

Article 553.

Alternative requests

1-It is permitted to make alternative requests, with respect to rights that by their nature or

source are alternative, or that they can solve themselves in alternative.

2-When the choice of benefit belongs to the debtor, the circumstance of not being

alternative the application shall not preclude a conviction in alternative.

Article 554.

Subsidiary requests

1-They can formulate subsidiary applications. It is said to be subsidiary the application that is submitted

to the court to be taken into account only in the case of not proceeding an

previous order.

2-A Opposition among the applications does not prevent them from being deducted in the terms of the number

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previous; but they obstruct this the circumstances that prevent the coalition of authors and defendants.

Article 555.

Cumulation of orders

1-Can the author cumulatively deduce against the same defendant, in one case, several

requests that are compatible, if not the circumstances that prevent the

coalition.

2-In proceedings of divorce or separation without consent of the other spouse is

permissible the order deduction biased to the fixation of the right to food.

Article 556.

Generic requests

1-It is permissible to formulate generic applications in the following cases:

a) When the mediate object of the action is a universality, de facto or of

right;

b) When it is not yet possible to determine, in a definitive way, the

consequences of the unlawful fact, or the aggrieved intends to use the faculty which

confers on Article 569 of the Civil Code;

c) When the fixation of the quantitative is dependent on the provision of accounts or

of another act that should be practiced by the defendant.

2-In cases of the points a) and b ) of the previous number the application is realized through

settlement, pursuant to the provisions of Article 358, save, in the case of point a) , when the

author does not have elements that allow for the realization, by observing then the

provisions of Article 716 (6).

Article 557.

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Application for vincende benefits

1-Dealing with periodic benefits, if the debtor leaves paying, may

understand in the application and conviction both the already overdue benefits and those that

if they win while subsisting on the obligation.

2-May still ask for conviction in future benefits when you intend to obtain the

eviction of a building at the time when fining the lease and in the cases

similar in which the lack of executive title on the due date of the provision

may cause serious injury to the creditor.

Article 558.

Refusal of the petition by the secretariat

The Registry would refuse the receipt of the initial petition, stating in writing the plea of the

rejection, when any of the following facts occur:

a) Have no address or are addressed to another court, judgement of the same

court or authority;

b) It omits the identification of the parties and the elements to which it alluds the point a) of paragraph 1

of Article 552 that of it should compulsorily appear;

c) Do not indicate the professional domicile of the judicial representative;

d) Do not indicate the form of the case;

e) Omits the indication of the value of the cause;

f) Have not been proven the prior payment of the due rate of justice or the

granting of judicial support, except in the case provided for in Article 552 (5);

g) Is not signed;

h) It is not written in Portuguese language;

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i) The used paper does not comply with regulatory requirements.

Article 559.

Claim and resource of the non-receipt

1-From the act of refusal to receipt it is up to the judge to complain.

2-From dispatch confirming the non-receipt is always up to appeal until the Relation,

applying, with the necessary adaptations, the provisions of the paragraph c ) of the Article 3 (3)

629. and in Article 641 (7).

Article 560.

Benefit granted to the author

The author may submit another petition or piece together the document referred to in the first

part of the provisions of the paragraph f) of Article 558, within the 10 days subsequent to the refusal of

receipt or distribution of the petition, or to the notification of the court decision that there is

confirmed, considering the action proposed on the date on which the first petition was

presented in judgment.

Article 561.

Urgent quotation

1-The judge may, on the application of the author, and should it consider it justified, determine that the

citation be urgent.

2-A urgent declared citation takes priority over the remaining ones, notably in what

respects the conduct of representations carried out by the Bureau under the terms of the article

next.

Article 562.

Representations aimed at the realization of the citation

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It is incumbent on the office to make the necessary representations to the quote of the respondent, in the terms

provided for in paragraphs 1 a to 3 of Article 226.

Article 563.

Citation of the respondent

The defendant is cited for contesting, being cautioned in the act of the citation that the lack of

contestation imports confession of the facts articulated by the author.

Article 564.

Effects of citation

In addition to others, especially prescribed in law, the citation produces the following effects:

a) Makes a cessation of the good faith of the possessor;

b) It makes stable the essential elements of the cause under Rule 260;

c) Inhibits the defendant from proposing against the author action intended for the appreciation of the same

legal question.

Article 565.

Regime in the case of cancellation of the citation

Without prejudice to the provisions of Article 323 (3) of the Civil Code, the effects of the citation

annulled only remain if the respondent is again cited in regular terms within 30 days,

to count from the transit on trial of the order of cancellation.

CHAPTER II

Revelation of the respondent

Article 566.

Absolute revelation of the defendant

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If the respondent, in addition to not deducting any opposition, shall constitute neither representative nor intervier

in any way in the process, the court checks if the citation was done with the formalities

legal and orders your repetition when you find irregularities.

Article 567.

Effects of revelia

1-If the defendant does not contest, having been or owing to consider himself regularly in his

own person or having joined proxy for judicial mandatary within the

contestation, the facts articulated by the author are considered to be confessed.

2-The process is provided for examination by the 10-day deadline, first to the lawyer of the

author and then to the counsel of the respondent, to claim in writing, and then is prowound

sentence, judging the cause as per right.

3-If the resolution of the cause rewear manifests simplicity, the sentence may limit itself to the

decisive part, preceded by the necessary identification of the parties and of the statement of reasons

summary of the trial.

Article 568.

Exceptions

The provisions of the previous article shall not apply:

a) When, if there are several defendants, any of them contesting, regarding the facts

that the contestant impugning;

b) When the defendant or any of the defendants is unable, situating the cause within the framework of the

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disability, or there has been cited editorially and remains in the situation of

absolute revelation;

c) When the will of the parties is ineffective to produce the legal effect that by the

action is intended to obtain;

d) When dealing with facts for the evidence of which you are demanding written document.

CHAPTER III

Contestation

SECTION I

General provisions

Article 569.

Deadline for contestation

1-The respondent may contest within 30 days of the citation, starting the deadline to

run from the term of the dilation, when the one there is place; in the case of revocation of

dispatch of dismissal injunction of the petition, the deadline for contestation starts with

the notification in 1 th instance of that decision.

2-When it ends on different days the time frame for the defence by the various defendants, the

contestation of all or of each of them may be offered until the expiry of the term that

started running in last place.

3-If the author quits the instance or of the application in respect of any of the unnamed defendants,

are the defendants who have not yet challenged notified of the desistance, counting to leave

of the date of the notification the deadline for its dispute.

4-The Public Prosecutor's Office is granted extension of the deadline when it lacks information

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that you cannot get inside of it or when you have to wait for reply to the query made

higher instance; the application must be reasoned and the extension cannot, in case

some, go beyond 30 days.

5-When the judge considers that a ponderous reason occurs that prevents or hinders

abnormally to the defendant or his judicial representative the organization of the defense, may, the

application of this and without prior hearing of the opposing party, extend the deadline of the

contestation, up to the maximum limit of 30 days.

6-A submission of the application for an extension does not suspend the current deadline; the judge

decides, with no possibility of recourse, within twenty-four hours and the office

notifies the applicant immediately of the order delivered, in the terms of the second

part of paragraph 5 and paragraph 6 of Article 172.

Article 570.

Document proving the payment of the rate of justice

1-It shall apply to the contestation, with the necessary adaptations, the provisions of paragraphs 3 and 4 of the

article 552, and may the defendant, if he is awaiting decision on the granting of the benefit

of judicial support, to substantiate only the presentation of the application for the application.

2-In the case provided for in the final part of the preceding paragraph, the respondent must substantiate the prior

payment of the justice fee or join the process the respect document

proving within 10 days of the notification of the decision that indefenct the

application for judicial support.

3-In the lack of joining the document proving the payment of the due rate of justice

or of substantiation of that payment, within 10 days of the submission of the

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contestation, the office notifies the person concerned to, in 10 days, make the payment

omitted with addition of fine of equal amount, but not less than 1 AU nor

higher than 5 UC.

4-After verification, by any means, of the course of the period referred to in paragraph 2, without the

document mentioned therein has been joined in the process, the registry notifies the respondent to

the effects provided for in the preceding paragraph.

5-Finds the joints and without prejudice to the time limit granted in paragraph 3, if it has not been

along the document proving the payment of the due rate of justice and the fine

on the part of the respondent, or no such payment has been made, the judge

profere dispatch under the terms of the ( c ) of Article 590 (1), inviting the respondent to

proceed, within 10 days, to the payment of the rate of justice and the missing fine,

increased fine of value equal to that of the initial rate of justice, with the minimum limit of 5

UC and maximum of 15 UC.

6-If, at the expiry of the period granted in the preceding paragraph, the respondent persists in the omission, the

court determines the disentrenching of the contestation and, if it is the case, of the rejoinder.

7-Not being made the omitted payment is not due any fine.

Article 571.

Defense for imputation and defense by exception

1-In contestation it is up to both the defense for impugning and exception.

2-The defendant defends himself by impugning when contradicting the facts articulated in the petition or

when it states that such facts cannot produce the legal effect sought by the

author; defends itself by exception when alleging facts that hinder the appreciation of merit

of the action or that, serving from the hindrance, modiactive or extinctive cause of the right

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invoked by the author, determine the total or partial improvenance of the order.

Article 572.

Elements of the contestation

1-In the contestation must the defendant:

a) Individualize the action;

b) To expose the reasons of fact and law why it is opposed to the author's claim;

c) Exposing the essential facts on which the deductions deduced,

specifying them separately, under penalty of the respects facts not if

consider admission by agreement for lack of impugation; and

d) Present the rol of witnesses and apply for other means of proof; there have been

reconvention, should the author replicate, the respondent is admitted to amend the application

probatory initially presented, and may do so in the rejoinder, should there be place

to this one, or within 10 days of the notification of the replica.

Article 573.

Opportunity for deduction of defence

1-All defense should be deducted in the contest, excepted the incidents that the law

send deductible on separate.

2-After the contestation can only be deducted, the exceptions, incidents and means of

defense that are overdue, or that the law expressly admits to that

moment, or that one should know officiously.

Article 574.

Burden of imputation

1-When contesting, it shall the defendant take a definite position in the face of the facts that constitute the

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cause to ask for invocation by the author.

2-Consider themselves admitted by agreement the facts that are not challenged, save if

are in opposition with the defence considered as a whole, if it is not admissible

confession about them or if they can only be proved by written document; the admission

of instrumental facts can be sidelined by further evidence.

3-If the respondent declars that he does not know if determined fact is real, the statement amounts to

confession when it deals with personal fact or that the defendant should have knowledge and

amounts to impugning in the contrary case.

4-It is not applicable to the incapable, absent and uncertain, when represented by the Ministry

Public or by officiating lawyer, the burden of impugment, nor the precept in the

previous number.

Article 575.

Notification of the offer of the contestation

1-A The submission of the contestation is notified to the author.

2-Havendo place to various contestations, the notification only takes place after presented to

last or that the time limit of its offer has elapsed.

SECTION II

Exceptions

Article 576.

Dilatory and perentory exceptions-notion

1-The exceptions are dilatory or perentory.

2-Dilatory exceptions prevent the court from being aware of the merit of the cause and give way to the

acquittance of the instance or the shipment of the proceedings to another court.

3-Perentory exceptions matter the full or partial acquittion of the application and consist

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in the invocation of facts that prevent, modify or extinguish the legal effect of the

facts articulated by the author.

Article 577.

Dilatory exceptions

They are dilatory, among others, the following exceptions:

a) The incompetence, whether absolute, or relative, of the court;

b) The nullity of the whole process;

c) The lack of personality or judicial capacity of some of the parties;

d) The lack of authorization or deliberation that the author should obtain;

e) The illegitimacy of some of the parties;

f) The coalition of authors or defendants, when among the applications there is no connection

required in Article 36.

g) The subsidiary subjective plurality, outside the cases provided for in Article 39;

h) The lack of a lawyer's constitution on the part of the author, in the processes to which

refers to Article 40 (1), and the lack, insufficiency or irregularity of tenure

judicial on the part of the representative who proposed the action;

i) The litispendency or the case judged.

Article 578.

Knowledge of the dilatory exceptions

The court must know officiously of the dilatory exceptions, save from incompetence

absolute arising from the violation of deprivative compact of jurisdiction or the preterition of

voluntary arbitral tribunal and relative incompetence in cases not covered by the

provisions of Article 104.

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Article 579.

Knowledge of perentory exceptions

The court officiously knows of the perentory exceptions whose invocation the law does not make

dependent on the will of the person concerned.

Article 580.

Concepts of litispendency and case judged

1-The exceptions of the litispendency and the case judged to assume a repetition of a cause;

if the cause repeats itself being the previous one still ongoing, there is room for litispendency; if the

repetition if it checks after the first cause has been decided by sentence that no longer

admits ordinary appeal, there is place to the exception of the trial case.

2-Both the exception of litigation and that of the case judged to have an end to prevent the

court be placed in the alternative of contradicting or reproducing a decision

previous.

3-It is irrelevant the pendency of the cause in the face of foreign jurisdiction, unless another is the

solution established in international conventions.

Article 581.

Requirements of litispendency and the case judged

1-Repeats the cause when one proposes an action identical to another as to the subjects, to the

request and the cause to ask.

2-There is identity of subjects when the parties are the same under the point of view of their

legal quality.

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3-There is application identity when in one and the other cause if it intends to obtain the same effect

legal.

4-There is identity of cause to ask when the pretense deduced in the two shares proceeds

of the same legal fact. In the actual actions the cause of asking is the legal fact that

derives the real right; in the constitutive and cancelling actions is the concrete fact or the

specific nullity that invests to obtain the intended effect.

Article 582.

Where action should be deducted from litispendency

1-A litispendency should be deducted in the proposed action in the second place.

2-It is considered to be proposed in second place the action for which the defendant was cited

later.

3-If in both actions the citation has been made on the same day, the order of the shares is

determined by the order of entry of the respective initial petitions.

SECTION III

Reconvention

Article 583.

Deduction of reconvention

1-A reconvention shall be expressly identified and deducted separately in the

contestation, exposing the fundamentals and concluding themselves by the application, pursuant to the

points c ) and d ) of Article 552 (1).

2-The recount must still declare the value of the reconvention; if it does not, the contestation

does not cease to be received, but the recount is asked to indicate the value, under penalty of the

reconvention not to be met.

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3-When the continuation of the reconvention is dependent on the effect of registration

or of any act to be practiced by the recounted, the reconquering is acquitted of the instance if,

on the deadline, such an act does not show itself.

CHAPTER IV

Replica and rejoinder

Article 584.

Function and term of the replica

1-To contention can the author answer in the rebuttal, if any exception is deduced and

only as to the matter of this; the replica serves also for the author to deduce the whole

defense as to the matter of the reconvention, but to this one can't he oppose new

reconvention.

2-In the actions of simple negative appreciation, the rebuttal serves for the author to impugt the

constitutive facts that the defendant has alleged and to claim the impeditive facts or

extinguishers of the right invoked by the respondent.

3-A replica is presented within 15 days, from the one in which it is or if

consider notified of the submission of the dispute; the time limit is however 30 days, if

there has been reconvention or if the action is of simple negative appreciation.

4-There is no replica in the stock of value not more than half of the Relation's remit,

save when the respondent deducts reconvention or the action is of simple negative appreciation.

Article 585.

Function and time frame of the rejoinder

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1-If there is replica and in this is modified the request or the cause of asking, pursuant to the

article 265, or if, in the case of reconvention, the author has deducted some exception,

may the respondent respond, by means of rejoinder, to the matter of the modification or defend itself

against the opposite exception to the reconvention.

2-A rejoinder is presented within 15 days of the one in which it is or if

consider notified the presentation of the replica.

Article 586.

Extension of the deadline for submission of joints

It shall apply to all the subsequent joints to the dispute the possibility of

extension provided for in paragraphs 4 a to 6 of Article 569, and may not extend beyond the

expected deadline for the presentation of the articulated respect.

Article 587.

Position of the Party as to the facts articulated by the opposing party

1-A lack of any of the joints of which it treats the present chapter or the lack of

impugning, in any of them, of the new facts alleged by the opposing party in the

previous articulated has the effect provided for in Article 574.

2-The exceptions deduced in the joints of which it treats the present chapter applies the

provisions of the paragraph c) of Article 572.

CHAPTER V

Overdue joints

Article 588.

Terms in which they are admitted

1-The constitutive, modiactive or extinguishing facts of the right that are super-venient

can be deduced in further articulation or in new articulation, by the party to whom

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take advantage, until the closing of the discussion.

2-They are said to be overdue both the facts that have occurred at the end of the deadlines.

marked in the preceding Articles as the previous facts of which the party only has

knowledge after fining these deadlines, owing in this case to produce-proof

of the supervenience.

3-The new articulation in which super-venient facts are aleased is offered:

a) At the prior hearing, when the facts hajam occurred or been known until the

respect closure;

b) In the 10 days after the notification of the designated date for the realization of the

final hearing, when no prior hearing has been held;

c) At the final hearing, whether the facts occurred or the part of them had knowledge

at a date later than that referred to in the preceding paragraph.

4-The judge proffers preliminary injunction on the admission of the supervenient articulate,

rejecting it when, by fault of the party, is presented out of time, or when it is

manifest that the facts do not matter to the good decision of the cause; or by ordering the

notification of the opposing party to respond in 10 days, observing, as to the

response, the provisions of the previous article.

5-The evidence is offered with the articulate and with the answer.

6-The articulated facts that matter to the decision of the cause constitute the subject of the evidence in the

terms of the provisions of Article 596.

Article 589.

Presentation of the new articulate after the marking of the final hearing

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1-A presentation of the new articulate after designated day for the final hearing no

suspending the representations to it does not even determine its adjournment, yet the dispatch

respect has to be delivered or the notification of the opposing party to be made or the

response of this has to be formulated in the course of the hearing; if there is no time

to notify the witnesses offered, they stay the parties obliged to present them.

2-Are oral and stay consignor in the minutes the deduction of overdue facts, the dispatch of

admission or rejection, the response of the contrary part and the dispatch stating the theme of the

proof, when any of the acts take place after open the final hearing; the

hearing is only interrupting if the opposing party does not prescind from the 10-day deadline for the

response and presentation of the evidence and there is inconvenience in the immediate production of the

evidence regarding the other matter under discussion.

Title II

From the initial management of the process and the prior hearing

Article 590.

Initial management of the process

1-Until the conduct of the prior hearing, the judge professes, being a case of, dispatching

intended for:

a) To dismiss the petition, when the application is manifestly unfounded or

occur, in an evident manner, insupratable dilatory exceptions and that the judge should

know officialingly, applying the provisions of Article 560;

b) Provide for the supply of dilatory exceptions under the terms of paragraph 2 of the

article 6;

c) Provide for the improvement of the joints, in the terms of the numbers

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following;

d) Determine the joining of documents with a view to allowing the appreciation of

dilatory exceptions or the knowledge, in whole or in part, of the merit of the cause

in the saneador dispatch.

2-The judge invites the parties to suppress the irregularities of the joints, setting deadline for the

supply or correction of addiction, specifically when they are lacking in legal requirements

or the party there is no essential document or that the law will make it depend on the

pursuit of the cause.

3-It Is still incumbent on the judge to invite the parties to the supply of the inadequacies or

inaccuracies in the exhibition or concretization of the alleged matter, setting deadline

for the presentation of articulation in which to complete or correct the initially

produced.

4-The facts object of clarification, addition, or correction become subject to the rules

general about adversity and proof.

5-The amendments to the alleged matter, provided for in paragraphs 3 and 4, shall conform to

with the limits set out in Article 265, if they are introduced by the author, and in the

articles 573 and 574, when they are by the respondent.

6-It is not up to appeal of the dispatch of invitation to the supply of irregularities,

insufficiencies or inaccuracies of the joints.

Article 591.

Previous hearing

1-Completed the representations resulting from the precept in paragraph 1 of the previous article, if they

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there is a place, prior hearing shall be convened, to be held in one of the subsequent 30 days,

intended for some or some of the following purposes:

a) Conduct attempt at conciliation, pursuant to Art. 594;

b) To provide the parties with the discussion of fact and law, in cases where the judge

comply with appreciating dilatory exceptions or when tending to know

immediately, in whole or in part, of the merit of the cause;

c) Discussing the positions of the parties, with a view to the delimitation of the terms of the dispute, and

to supply the inadequacies or inaccuracies in the exhibition of the de facto matter that

still subsist or become patents in the wake of the debate;

d) Profer dispatcher saneador, pursuant to Article 595 (1);

e) Determine, after debate, formal suitability, simplification or agilization

procedural, in the terms provided for in Article 6 (1) and Article 547;

f) Profer, after debate, the order provided for in Article 596 (1) and decide the

complaints deducted by the parties;

g) Schedule, after hearing of the mandators, the acts to be performed at the final hearing,

establish the number of sessions and their probable duration and designate the

respects dates.

2-The dispatch that marks the prior hearing indicates your object and purpose, but not

constitutes the case judged on the possibility of immediate appreciation of the merit of the cause.

3-It does not constitute a reason for postponing the lack of the parties or their mandators.

4-A The prior hearing is, where possible, engraved, applying, with the necessary

adaptations, the provisions of Article 155.

Article 592.

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Non-fulfilment of the prior hearing

1-A Prior hearing does not take place:

a) In the uncontested actions that have proceeded in obedience to the willing

in the points b) a d ) of Article 568;

b) When, with the process of fining in the saneador dispatch by the provenance

of dilatory exception, this one has already been debated in the joints.

2-In cases provided for in paragraph a ) of the preceding paragraph shall apply to the provisions of paragraph 2 of the

next article.

Article 593.

Dispensation from the prior hearing

1-In the actions that hajam from proceeding, the judge may dismiss the holding of the hearing

prior to when this is intended only for the purposes indicated in the ( d ), e) and f ) in paragraph 1 of the

article 591.

2-In the case provided for in the preceding paragraph, in the 20 days subsequent to the expiry of the

articulated, the judge proffers:

a) Order saneador, pursuant to Article 595 (1);

b) Dispatching to determine formal suitability, simplification or streamlining

procedural, in the terms provided for in Article 6 (1) and Article 547;

c) The order provided for in Article 596 (1);

d) Dispatch intended to program the acts to be performed at the final hearing, the

establish the number of sessions and their probable duration and to designate the

respects dates.

3-Notified the parties, if any of them claim to complain about the dispatches provided for in the

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points b ) a d) of the preceding paragraph, may require, in 10 days, the holding of hearing

prior; in this case, the hearing shall be held in one of the following 20 days and is intended for

appreciate the questions raised and, incidentally, to make use of the provisions of the paragraph c ) from the

n Article 591 (1).

Article 594.

Attempt to conciliation

1-When the cause couber in the scope of the powers of disposition of the parties, it may take place,

in any state of the process, attempt at conciliation, provided that the parties

jointly the rewant or the judge to consider it timely, but the parties cannot

be summoned exclusively for that purpose more than once.

2-The parties are notified to appear in person or if they make themselves represent by

judicial representative with special powers, when they reside in the area of the comarch, or in the

respects island, dealing with the Autonomous Regions, or when, therein not residing, the

comparency not to represent considerable sacrifice, attentive to nature and the value of the cause

and the distance from the displacement.

3-A The attempt at conciliation is presided over by the judge, and this shall actively engage in

in achieving the solution of equity best suited to the terms of the dispute.

4-Frusting, in whole or in part, conciliation, stay consignments in minutes

concrete solutions suggested by the judge, as well as the fundamentals that, in the

understanding of the parties, justify the persistence of the litigation.

Article 595.

Dispatch saneador

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1-The saneador dispatch is intended for:

a) Know of the dilatory exceptions and procedural nullities that hajam been

raised by the parties, or that, in the face of the constant elements of the autos, should

appreciate it officiously;

b) Know immediately of the merit of the cause, whenever the state of the process

allow, without a need for further evidence, the assessment, in whole or in part, of the or

of the claims deducted or from some perentory exception.

2-The saneador dispatch is soon dictated to the minutes; when, however, the complexity of the

matters to be resolved the demand, the judge can excecionally profered it in writing,

suspending the prior hearing and setting itself soon date for its continuation, if it is

case of this.

3-In the case provided for in paragraph a) of paragraph 1, the order constitutes, as soon as transite, case

formal trial as to the issues concretely appreciated; in the hypothesis provided in the

point ( b) , it keeps having, for all the effects, the sentence value.

4-It is not up to the judge's decision that, because of a lack of elements, release for final a

decision on matter that it will meet you.

5-In the actions intended for the defence of the possession, if the defendant has only invoked the title of the

property right, without impugting the possession of the author, and cannot appreciate it soon

that question, the judge orders the immediate maintenance or restitution of the possession, without

injury of what comes to the end as to the question of the entitlement of law.

Article 596.

Identification of the object of the dispute and enunciation of the themes of the evidence

1-Proinjured dispatcher saneador, when the action is to proceed, the judge professes

dispatch intended to identify the object of the dispute and to enunciate the themes of the proof.

2-The parties may complain about the order provided in the preceding paragraph.

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3-The order delivered on the complaints can only be challenged in the appeal

interposed of the final decision.

4-When they occur at the prior hearing and this is recorded, the dispatches and the complaints

predicted in the previous numbers may take place orally.

Article 597.

Later terms to the joints in the shares of value not more than half of the

Relation of Relation

Finishes the joints, without prejudice to the provisions of Article 590, the judge, depending on the cases:

a) Assures the exercise of the adversarial as to the undebated exceptions in the

articulated;

b) Convenes prior hearing;

c) Profere dispatcher saneador, pursuant to Article 595 (1);

d) Determines, after hearing of the parties, the formal suitability, simplification or the

procedural streamlining, in the terms provided for in Article 6 (1) and Article 547;

e) Proffers the order provided for in Article 596 (1);

f) Profere dispatching intended to schedule the acts to be carried out at the final hearing, the

establish the number of sessions and their probable duration and to designate the

respective dates;

g) Designates logo day for the final hearing, observing the provisions of Article 151.

Article 598.

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Change in the rol of witnesses

1-The rol of witnesses may be changed or added up to 20 days prior to the date on which

conduct the trial hearing, being the opposing party notified to use, wanting,

of equal faculty, within five days.

2-Incumbent on the parties to the presentation of the witnesses indicated as a result of the

added or alteration of the rol provided in the preceding paragraph.

Title III

From the final hearing

Article 599.

Judge of the final hearing

The final hearing stems before a single judge, determined in accordance with the laws of

judicial organization.

Article 600.

Designation of the hearing in the stock of compensation

1-In the actions of compensation founded on civil liability, if the duration of the examination

for the determination of damage to be extended for more than three months, may the judge, the

application of the author, determine the holding of the hearing, without prejudice to the provisions of

in Article 609 (2).

2-A The designation of the hearing, in the terms of the preceding paragraph, is without prejudice to the achievement

of the examination, to which the report is met in liquidation.

Article 601.

Requisition or technical assignment

1-When matter of fact raises difficulties of a technical nature whose solution depends on

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of special knowledge that the court does not post, can the judge appoint person

competent to attend to the final hearing and then pay the necessary clarifications, well

as, in any state of the cause, to request the technical opinions indispensable to the

finding the truth of the facts.

2-The technician may be opposed to the impediments and refusals that is possible to oppose the

experts; the designation is made, as a rule, in the order to mark the day for the hearing.

3-The technician is paid the expenses for travel additionally.

Article 602.

Powers of the judge

1-The judge enjoys all the powers necessary to make the discussion useful and brief for

ensure the fair decision of the cause.

2-The judge competes in particular:

a) Drive the works and ensure that these proceed according to the

defined programming;

b) Maintain order and make respect for the prevailing institutions, laws and the court;

c) Take the necessary arrangements for the cause to be discussed with elevation and

serenity;

d) Exhorting the lawyers and the Public Prosecutor's Office to abbreviate their

applications, respondents, instances and allegations, when they are manifestly

excessive or impertinent, and to be cinged with the relevant matter for the

judgment of the cause, and to remove them the word when they are not serviced their

exhortations;

e) Mean to lawyers and the Public Prosecutor's Office the need to clarify

obscure or dubious points.

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Article 603.

Achievement of the hearing

1-Verified the presence of the persons who have been summoned, the hearing is held,

save if there is an impediment from the court, missing any of the lawyers without the judge

has provided for the marking by prior arrangement or occur reason that

constitutes fair impediment.

2-If the hearing is postponed by hindrance of the court, it shall be consigned to the autos

the respecting plea; when the adjournment is due to the realization of another due diligence,

the process to which I respect it must still be identified.

3-A The lack of any person who should attend is justified in the hearing itself or

within the five immediate days, save by treating himself from whose hearing prescinda the party

which indicated it.

Article 604.

Attempt at conciliation and too much acts to practice at final hearing

1-There are no reasons for adjournment, the final hearing is carried out.

2-The judge seeks to reconcile the parties, if the cause is within the scope of its power to

provision.

3-Then the following acts will be held, if they are to take place:

a) Provision of the affidavits of part;

b) Display of cinematographic reproductions or phonograph records, and may

the president determines that she does herself only with assistance from the parties, the

your lawyers and those of the persons whose presence is convenient;

c) Verbal clarifications of the experts whose comparisons have been determined

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officiously or the application of the parties;

d) Surveyor of the witnesses;

e) Oral claims, in which the lawyers expose the findings, in fact and of

right, which hajam extracted from the evidence produced, and each lawyer may replicate

once.

4-If there is to be any testimony outside the court, the hearing is

interrupted before the oral allegations, and the judge and lawyers move to take it,

immediately or on the day and time that the judge designates; provided the testimony, the hearing

continues in court.

5-The oral claims may not exceed, for each of the lawyers, one hour and the

réplicas thirty minutes; the judge may, however, allow it to continue in the use of the word the

lawyer who, exhausted the maximum of the legally forecasted time, fundably the

require on the basis of the complexity of the cause; in the actions of value not higher than the target

of the court of first instance, the periods of time provided for the allegations and the

replicas are reduced to half.

6-The lawyer may be interrupted by the judge or the lawyer of the opposing party, but,

in this case, only with your consent and that of the judge, owing to the interruption always

at an end the clarification or rectification of any assertion.

7-The judge may, at any time, before the oral claims, during the same or

after finishes, listen to the assigned technician.

8-The judge may, in cases where this is warranted, change the order of production of proof

referred to in paragraph 3; may still the judge, when he considers it convenient for discovery

of the truth, determine the hearing simultaneously, on certain facts, of

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witnesses from both parties.

Article 605.

Principle of fullness of the assistance of the judge

1-If during the final hearing the judge will be deceased or if permanently impossible the judge,

repeat the acts already practiced; being temporary the impossibility, interrupts itself to

hearing for the indispensable time, unless the circumstances advise the

repetition of the acts already practiced, which is decided without recourse, but in dispatch

reasoned, by the substitute judge.

2-The substitute judge continues to intervene, notwithstanding the return to the service of the effective judge.

3-The judge who is transferred, promoted or retired concludes the trial, except if the

retirement is on the grounds of physical, moral or professional disability for the

exercise of the office or if it is preferable to repeat the acts already practiced at trial.

4-In cases of transfer or promotion the judge elabates also the sentence.

Article 606.

Publicity and continuity of hearing

1-A The hearing is public, save when the judge decides otherwise, in dispatch

reasoned, to safeguard the dignity of people and public morals, or to

guarantee your normal functioning.

2-A The hearing is continuous, it may only be interrupted on grounds of force majeany or

absolute necessity or in the cases provided for in paragraph 1 of the preceding Article.

3-If it is not possible to complete the hearing on a day, this is suspended and the judge, upon

agreement of the parties, marks the continuation to the nearest date; if the continuation does not

occur within the 30 immediate days, by hindrance of the court or by hindrance

of the mandators as a result of another judicial service already scheduled, shall pay the respects

motive to be consigned to the minutes, specifically identified due diligence and the

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process to which you respect.

4-For the purposes of the provisions of the preceding paragraph, it is not considered the period of the holidays

judicial, nor the period in which, on an odd reason to the court, the autos await the

realization of proof-making.

5-People who have been heard shall not be allowed to be absent without permission from the judge,

which does not grant it when there is opposition from either of the parties.

Title IV

Of the sentence

CHAPTER I

Drafting of the sentence

Article 607.

Sentence

1-Ended the final hearing, the process is conclusive to the judge, to be prowound in the

deadline of 30 days; if you do not judge yourself sufficiently enlightened, the judge may order the

reopening of the audience, listening to the people who understand and ordering the rest

necessary representations.

2-A The sentence begins by identifying the parties and the object of the litigation, enunciating, de

followed, the issues that the court meets to remedy.

3-Seat the grounds, and the judge should discriminate against the facts he considers

proven and indicate, interpret and apply the corresponding legal standards, concluding

by the final decision.

4-In the statement of reasons for the sentence, the judge declares which facts it judges have proved and which

those who judge unproven, critically analyzing the proofs, indicating the ilactions

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taken from the instrumental facts and specifying the remaining grounds that were

decisive for their conviction; the judge takes still into account the facts that are

admitted by agreement, proved by documents or by reduced confession to written,

compatibilizing the entire matter of fact acquired and extracting from the established facts the

presumptions imposed by the law or by rules of experience.

5-The judge freely appreciates the evidence according to his prudent conviction about each

de facto; free appreciation does not cover the facts for whose evidence the law requires formality

special, nor those that can only be proved by documents or are

fully proved, either by documents or by agreement or confession of the parties.

6-At the end of the sentence, it shall be the judge to convict those responsible for the procedural costs,

indicating the proportion of the respectful responsibility.

Article 608.

Issues to be resolved-order of the trial

1-Without prejudice to the provisions of Article 278 (3), the sentence knows, in the first

place, from the procedural issues that may determine the acquittion of the instance,

second the order imposed by its logical precedence.

2-The judge shall resolve all matters that the parties have subjected to their assessment,

excepted those whose decision is impaired by the solution given to others; it cannot

occupy itself otherwise than the issues raised by the parties, unless the law allows it or

impuser the officious knowledge of others.

Article 609.

Limits of condemnation

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1-A sentence can't convict in superior quantity or in diverse object than if

ask.

2-If there are no elements to fix the object or quantity, the court condemns in what

come to be liquidated, without prejudice to immediate condemnation in the part that is already liquid.

3-If maintenance has been required in place of the restitution of the possession, or this instead

of that, the judge knows of the request corresponding to the situation actually verified.

Article 610.

Judgment in the case of the inexigibility of the obligation

1-The fact that it is not chargeable, at the time the action was proposed, does not preclude that

know of the existence of the obligation, as long as the defendant contests it, nor that this is

doomed to satisfy the provision at the time of its own.

2-If there is no dispute regarding the existence of the obligation, the following is observed:

a) The respondent is condemned to satisfy the provision yet the obligation is due in the

course of the cause or at a date subsequent to the sentence, but without prejudice to the time limit

in the latter case;

b) When the unchargeability derives from the lack of interpellation or the fact that it does not have

been asked for payment at the domicile of the debtor, the debt considers to be won

since the citation.

3-In cases of the points a ) and b) from the previous number, the author is convicted at the expense and the

satisfy the honorarium of the defendant's lawyer.

Article 611.

Atendibility of the super-convenient legal facts

1-Without prejudice to the restrictions set out in other legal provisions, inter alia

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as to the conditions under which it can be changed the cause of asking, should the sentence take

in consideration of the constitutive, modiactive or extinguishing facts of the right which if

they subsequently produce the proposition of the action, so that the decision corresponds to the

existing situation at the time of the closing of the discussion.

2-Only are, however, the facts that, under the applicable substantive law, have

influence on the existence or content of the contested relationship.

3-A The circumstance of the relevant legal fact was born or if there was extinguished in the

course of the process is taken into account for the effect of the conviction on expense, of

agreement with the provisions of Article 536.

Article 612.

Abnormal use of the process

When the conduct of the parties or any circumstances of the cause produce the conviction

holds that the author and the defendant have served themselves from the process to practice a simulated act or

to achieve a prohibited end by law, the decision must preclude the abnormal goal

pursued by the parties.

CHAPTER II

Addictions and sentence reform

Article 613.

Extinction of jurisdictional power and its limitations

1-Prowound the sentence, it becomes immediately exhausted the jurisdictional power of the judge as to the

matter of the cause.

2-It is lawful, however, for the judge to rectify material errors, suppress nullities, clarify doubts

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existing in the sentence and to reform it, pursuant to the following articles.

3-The provisions of the preceding paragraphs, as well as in the subsequent articles, applies, with

the necessary adaptations to dispatches.

Article 614.

Rectification of material errors

1-If the sentence omits the name of the parties, it is omissa as to the expense or to some of the

elements set out in Article 607 (6), or contain errors in writing or calculation

or any inaccuracy due to another omission or manifest lapse, may be corrected

by simple dispatch, the requirement of either party or on the initiative of the judge.

2-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.

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

Article 615.

Causes of nullity of the sentence

1-It is void of the sentence when:

a) Does not contain the signature of the judge;

b) Do not specify the grounds of fact and law that justify the decision;

c) The fundamentals are in opposition with the decision or occur any

ambiguity or obscurity that makes the decision unintelligible;

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d) The judge cede no pronount on issues that should appreciate or know

of questions that he could not take notice of;

e) The judge convict in higher quantity or in a diverse object of the application.

2-A omission provided for in paragraph a) of the previous number is made up of officialingly, or the

application from either party, as long as it is possible to pick the judge's signature

which delivered the sentence, and this shall state in the process the date on which it was affixed to

signature.

3-When the signature is affixed by electronic means, there is no place for declaration

predicted in the previous number.

4-The nulities mentioned in the points b) a e) of paragraph 1 can only be argued before the

court that handed down the sentence if the latter does not admit ordinary appeal, and may the

recourse, in the contrary case, to have as grounds any of these nullities.

Article 616.

Reform of the sentence

1-A part may apply, in the court that has handed down the sentence, its reform as to

costs and fine, without prejudice to the provisions of paragraph 3.

2-Not having recourse to the decision, it is still lawful for either party to apply for reform

of the sentence when, by manifest lapse of the judge:

a) Has occurred in the determination of the applicable standard or in the qualification

legal of the facts;

b) They build on the process documents or other means of full proof that, by themselves, alone,

necessarily imply diverse decision making of the prowound.

3-Cabling appeal of the decision that convicts at expense or fine, the intended application

in paragraph 1 is made in the claim.

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Article 617.

Subsequent processing

1-If the question of the nullity of the sentence or of its reform is raised in the context of

feature of it interposed, it is incumbent upon the judge to appreciate it in the order itself in which if

pronounces on the admissibility of the appeal, not the appeal of the decision of

improper.

2-If the judge suppers the nullity or reform the sentence, the order is deemed to be delivered

as a complement and an integral part of this, by staying the interposed resource to have as

object the new decision.

3-In the case provided for in the preceding paragraph, may the appellant, within 10 days, give up

of the interposed resource, extend or restrict the scope, in accordance with the

amendment suffered by the sentence, and the defendant may respond to such an amendment, in the

same time frame.

4-If the appellant, by having obtained the intended supply, give up the appeal, may the

resorted, at the same time, to apply for the rise of the autos to decide on admissibility

of the amendment introduced in the sentence, assuming, from that time on, the position of

recurring.

5-Omitting the judge the order provided for in paragraph 1, may the rapporteur, if he understands

indispensable, send to drop the process so that it is delivered; if it cannot be

cherished the object of the resource and there is to be known about the issue of nullity or the

reform, it is incumbent upon the judge, after the low of the autos, to appreciate the invoked nullities or the

application for reform formulated, applying, with the necessary adaptations, the intended

in paragraph 6.

6-Argued before the judge who handed down the sentence some nullity, in the terms of the first

part of Article 615 (4), or deducted request for reform of the sentence, by it not

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caber ordinary appeal, the judge proffers definitive decision on the raised question;

however, in the case referred to in paragraph 2 of the previous article, the party impaired with the

alteration of the decision may appeal, even if the cause is understood on the winged

of the court, not suspending recourse to the enforceability of the sentence.

Article 618.

Defence against the abusive delays

In cases where it is not admissible to appeal the decision, it shall apply, with the necessary

adaptations, the provisions of Article 670.

CHAPTER III

Effects of the sentence

Article 619.

Value of the sentence carried on trial

1-Transition on trial the sentence or the saneador dispatch that decides the merit of the

cause, the decision on the contested material relation is to have mandatory force within

of the process and outside it in the limits set by Articles 580 and 581, without prejudice to the

provisions of Articles 696 to 702.

2-But if the defendant has been ordered to provide food or to satisfy other benefits

dependent on special circumstances as to their measure or their duration, may the

sentence to be amended as long as they modify the circumstances that determined the

conviction.

Article 620.

Formal trial case

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1-The sentences and dispatches that fall solely on the procedural relationship have

mandatory force within the process.

2-Excludes from the provisions of the preceding paragraph the dispatches provided for in Article 630.

Article 621.

Scope of the case judged

The sentence constitutes case judged in the precise limits and terms in which it adjudicates: if the Party

has fallen by not being checked a condition, for not having elapsed a deadline or by no

have been practiced determined fact, the sentence does not preclude the request to renew itself

when the condition occurs, the time limit fills in or the fact takes place.

Article 622.

Effects of the case on trial in the state matters

In the questions concerning the state of the people the case judged produces effects even in

relation to third parties when, proposed the action against all direct stakeholders, has

there has been opposition, without prejudice to the provisions, as to certain actions, in civil law.

Article 623.

Enforceability to third parties of the sentencing criminal decision

The final conviction handed down in the criminal proceedings constitutes, in relation to third parties,

illigible presumption with regard to the existence of the facts that integrate the assumptions of the

punishment and the elements of the legal type, as well as those who respect the forms of the crime, in

any civil actions in which legal relationships are discussed dependent on the practice of the

infraction.

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Article 624.

Effectiveness of the absolute criminal decision

1-A criminal decision, carried on trial, that there is acquitted the defendants with plea

in not having practiced the facts that were charged to it, constitutes, in any actions of

civil nature, simple legal presumption of the non-existence of these facts, illegible upon

evidence to the contrary.

2-A presumption referred to in the preceding paragraph is prevalent on any presumptions of guilt

established in civil law.

Article 625.

Contradictory judgments cases

1-Havendo two contradictory decisions on the same pretension, it is incumbent upon

passed on trial in the first place.

2-The same principle applies to the existing contradiction between two decisions that, within

of the process, versem on the same concrete issue of the procedural relationship.

Article 626.

Enforcement of the sentencing court decision

1-A The execution of the sentencing court decision initiates by simple application, to the

what applies, with the necessary adaptations, the provisions of Article 724, save in cases

of sentencing judicial decision delivered under the special procedure of

eviction.

2-A The execution of the sentencing decision in the right amount payment follows the tramway

intended for the summary form, without prejudice to the provisions of Article 550 (3).

3-In the execution of judicial decision that convictions in the delivery of the right thing, made the delivery, the

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performed is notified to deduce opposition, by following, with the necessary

adaptations, the provisions of articles 855 and following.

4-Whether the creditor, jointly with the right amount payment or with the delivery of a

thing, aiming for the provision of a fact, the quotation provided for in Article 868 (2) shall be

carried out in conjunction with the notification of the executed to deduce opposition to the

payment or delivery.

5-If the execution is for purpose the right amount payment and the delivery of thing

right or the provision in fact, they can be soon pawned enough goods to cover the

amount arising from the eventual conversion of these executions, as well as the one intended for

compensation of the exequent and the amount due for penalty of financial penalty

compulsory.

Title V

Of the resources

CHAPTER I

General provisions

Article 627.

Species of resources

1-Judicial decisions can be challenged by means of resources.

2-The features are ordinary or extraordinary, being ordinary the appeal features

and of magazine and extraordinary the resource for jurisprudence uniformity and revision.

Article 628.

Notion of transit on trial

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The decision considers itself to be carried over on trial as soon as it is not susceptible to appeal

ordinary or claim.

Article 629.

Decisions that admit appeal

1-The ordinary resource is only admissible when the cause has superior value to the handle of the

court of which the appellant is made and the contested decision is unfavourable to the appellant in

value exceeding half the remit of that court, servicing, in case of founded

doubt about the value of succumbing, only to the value of the cause.

2-Irrespective of the value of the cause and succumbing, it is always permissible to appeal:

a) On the grounds of the violation of the rules of international competence, of the

rules of competence on the grounds of matter or hierarchy, or in the offence of

case judged;

b) From decisions relating to the value of the cause or the incidents, with the

grounds that its value exceeds the court's remit of which it is resorted to;

c) Of the decisions rendered, in the field of the same legislation and on the same

fundamental question of law, against uniformed jurisprudence of the Supreme

Court of Justice;

d) From the judgment of the Relation that is in contradiction to another, of that or of

different Relation, on the same fundamental question of law and of which not

kayba ordinary appeal by odd reason to the court's manhunt, save if the

guidance in it adopted has already been followed by the Supreme Court of Justice.

3-Irrespective of the value of the cause and succumbing, it is always permissible to appeal

for the Relation:

a) In the actions in which the validity, livelihood or cessation of contracts is appreciated

of renting, with the exception of leases for housing not

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permanent or for transient special purposes;

b) Of the decisions regarding the value of the cause in the cautionary procedures, with the

grounds that its value exceeds the court's remit of which it is resorted to;

c) Of the decisions to undue injunction from the action petition or the application

inproceedings of cautionary procedure.

Article 630.

Dispatches that do not admit recourse

Do not admit to recourse the dispatches of mere expedient nor the offspring in the legal use of

a discretionary power.

Article 631.

Who can appeal

1-Without prejudice to the provisions of the following numbers, resources can only be interposed

by whom, being a main part in the cause, has become overdue.

2-People directly and effectively impaired by the decision can appeal to it, yet

that are not parties to the cause or are only accessory parts.

3-The resource provided for in ( g) of Article 696 may be inter-imposed by any third party

that has been impaired with the sentence, considering himself as third the incapable

that intervened in the process as a part, but through legal representative.

Article 632.

Loss of the right to appeal and waiver of appeal

1-It is lawful for the parties to waive the resources; but the early resignation only produces effect if

provier from both parties.

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2-You cannot turn to anyone who has accepted the decision after you have delivered.

3-A The acceptance of the decision may be expressed or tacit; the tacit acceptance is the one that derives from the

practice of any unmistakably incompatible fact with the will to appeal.

4-The provisions of the preceding paragraphs shall not apply to the Public Prosecutor's Office.

5-The appellant may, by simple application, give up the interposed appeal until the

proliation of the decision.

Article 633.

Independent resource and subordinate resource

1-If both parties stay overdue, each of them may appeal in the part that is

unfavorable, and may appeal, in that case, to be independent or subordinate.

2-The period of interposition of the subordinated resource is due to the notification of the

interposition of the resource of the contrary part.

3-If the first appellant quits the appeal or this becomes without effect or the court does not

take notice of it, lapse the subordinate resource, being all the expense of the

liability of the principal applicant.

4-Unless express declaration to the contrary, the renunciation of the right to appeal or acceptance,

express or tacit, of the decision on the part of one of the litigants shall not preclude the interposition of the

subordinate resource, provided that the opposing party draws from the decision.

5-If the independent appeal is admissible, the subordinate resource will also be, still

that the contested decision is unfavourable for the appellant's respect in equal value or

lower than half of the court's remit of which it is resorted.

Article 634.

Extension of the resource to non-recurring compares

1-The appeal brought by one of the parties takes advantage of its comparisons in the case of

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litisconsortium required.

2-Out of the required litisconsortium case, the interpost resource still takes advantage of the

other:

a) If these, in the part where the interest is common, they will give their membership to the

resource;

b) If they have an interest that depends essentially on the interest of the appellant;

c) If they have been condemned as sympathetic debtors, unless the appeal,

for its fundamentals, respect solely to the person of the appellant.

3-A The membership of the appeal may take place, by means of application or underwriting of the

claims of the appellant, until the beginning of the time limit referred to in Article 657 (1).

4-With the act of accession, the person concerned makes his / her activity already exercised by the appellant and the

that this one comes to exercise; but it is lawful for the adherent to pass, at any time, to the position

of the principal applicant, upon the exercise of own activity; and if the appellant

give up, must be notified of the desistance so that it can follow with the resource as

main applicant.

5-The required litisconsort, as well as the compart that finds itself in the situation of the

points b) or c) of paragraph 2, may assume at any time the position of recurring

main.

Article 635.

Subjective and objective delimitation of the resource

1-Being several the winners, all of them must be notified of the dispatch that admits the

resource; but it is lawful to the appellant, save in the case of litisconsortium required, to exclude from the

feature, in the application for interposition, some or some of the winners.

2-If the dispositive part of the sentence contains separate decisions, it is also lawful to

recurring restrict the resource to any of them, once it specifies in the

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application the decision to make use of.

3-In the lack of specification, the feature covers everything that in the dispositive part of the sentence

is unfavourable to the appellant.

4-In the findings of the allegation, the appellant may restrict, express or tacitly, the

initial object of the resource.

5-The effects of the trial, in the unresorted part, may not be hindered by the decision

of the appeal nor by the cancellation of the proceedings.

Article 636.

Extension of the scope of the appeal to the application of the defendant

1-In the case of plurality of grounds of action or defence, the court of appeal

knows of the ground on which the winning part has fallen, provided that this the rewant,

even the title subsidiary, in the respect allegation, preempting the need for its

appreciation.

2-Can still the defendant, in the respect allegation and the subsidiary title, argue the nullity of the

sentence or challenge the decision handed down on determined points of the matter of

fact, not challenged by the appellant, preempting the provenance hypothesis of the

issues by this aroused.

3-In the absence of the elements of fact indispensable to the appreciation of the raised question, can the

court of appeal to send out the autos, in order to proceed to trial in the

court where the decision was handed down.

Article 637.

Resource interposition mode

1-Resources interlapse by means of an application addressed to the court that delivered the

record decision, in which the species, the effect and the way of ascent of the appeal is indicated

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interpost.

2-The application for interposition of the appeal obligatorily contains the allegation of the

recurrent, in whose conclusions the specific plea of the

recurrency; when this translates into the invocation of a jurisprudential conflict that

if it intends to see it resolved, the appellant board compulsorily, under penalty of immediate

rejection, copying, yet uncertified, of the judgment in law.

Article 638.

Deadlines

1-The deadline for the interposition of the appeal is 30 days and account for the notification of the

decision, reducing to 15 days in the urgent proceedings and the cases provided for in paragraph 2

of Article 644 and in Article 677.

2-If the party is revel and it does not have to be notified under Rule 249, the term of

interposition runs since the publication of the decision, except if the reveal of the cessation part

before that period has elapsed, in which case the sentence or order has to be

notified and the deadline begins to run from the date of the notification.

3-Treating of dispatches or oral sentences, reproduced in the process, the deadline runs

of the day they were delivered, whether the party was present or was notified to attend

to the act.

4-When, out of the cases provided for in the preceding paragraphs, do not have to

notification, the deadline runs from the day when the person concerned was aware of the

decision.

5-In a time identical to that of the interposition, it may the defendant respond to the allegation of the

recurring.

6-In your claim the defendant may challenge the admissibility or the tempestivity of the

resource, as well as the legitimacy of the appellant.

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7-If the appeal has by object the reexamination of the engraved proof, the time frame of the interposition

and reply plus 10 days.

8-Being required by the defendant to extend the object of the appeal, in the terms of the article

636., may the appellant respond to the matter of the magnification, in the 15 days after the

notification of the application.

9-Havendo several recurring or multiple recurrages, still represented by

different lawyers, the term of the respective claims is unique, tasked with the secretarship

provide for everyone to be able to proceed to the examination of the process during the term of

that benefit.

Article 639.

Burden of alleging and formulating conclusions

1-The appellant shall submit his claim, in which he concludes, in a synthetic manner, by the

indication of the grounds for which it calls for the amendment or cancellation of the decision.

2-Versing the appeal on the subject matter, the findings shall state:

a) The violated legal standards;

b) The sense with which, in the view of the appellant, the standards that constitute

legal ground of the decision should have been interpreted and applied;

c) Invoking error in the determination of the applicable standard, the legal standard which, in the

understanding of the appellant, should have been applied.

3-When the findings are deficient, obscure, complex or in them if they do not have

proceeded to the specifications to which it alluded to the preceding paragraph, the rapporteur shall invite the

recurring to supplement them, clarify or synthesize them, within five days, under penalty

of if not aware of the feature, in the affected part.

4-The defendant may respond to the addition or clarification within five days.

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5-The provisions of the preceding paragraphs shall not apply to the appeals brought by the

Prosecutor's Office, when it resorts by imposition of the law.

Article 640.

Onset of the appellant that impugn the decision relating to the matter of fact

1-When it is impugned the decision on the matter of fact, the appellant shall

compulsorily specify, under penalty of rejection:

a) The concrete points of fact that it considers to be incorrectly judged;

b) The concrete probative means, constants of the process or of registration or

recording in it carried out, which impuncate decision on the points of the matter of

Fact-challenged, diversion of the defendant;

c) The decision which, in its view, should be delivered on the issues of fact

impugned.

2-In the case provided for in paragraph b ) of the previous number, the following is observed:

a) When the probative means relied on as the ground of error in the

appreciation of the evidence has been recorded, it is incumbent on the applicant, under penalty

of immediate rejection of the appeal in the respect part, indicate with correctness the

passages from the recording in which it merges its appeal, without prejudice to power

proceed to the transcript of the excerpts that it considers relevant;

b) Regardless of the official investigative powers of the court, it is incumbent on

to the defendant designate the means of evidence that infirmate the findings of the

recurring and, if the affidavits have been engraved, indicate with correctness the

passages from the recording in which it merges and proceeding, wanting, at the transcript of the

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excerpts that you consider important.

3-The provisions of paragraphs 1 and 2 shall apply to the case that the defendant wishes to extend the scope

of the appeal, in accordance with Article 636 (2).

Article 641.

Dispatch on the application

1-Finds the time limits given to the parties, the judge appreciates the applications submitted,

pronounced on the defendants ' defendants and the calls for reform, ordering the ascent

of the appeal, if the such nothing obstinates.

2-The application is undue when:

a) If you understand that the decision does not admit appeal, that this was interposed outside of

term or that the applicant does not have the necessary conditions to appeal;

b) Do not contain or join the appellant's claim or when the latter does not

conclusions.

3-In the order in which you admit the appeal, you must the judge request the district council of the

Order of Lawyers appointment of counsel to absentees, unable and uncertain,

when these cannot be represented by the Public Prosecutor's Office.

4-In the case provided for in the preceding paragraph, the period of response of the defendant or of

inter-position by this of a subordinate resource account for the notification to the mandatary

named.

5-A decision that admits the appeal, set its kind and determine the effect it competes on

does not bind the top court nor can it be impugned by the parties, save in the situation

provided for in Article 306 (3).

6-A decision that does not admit the appeal or retains its ascent can only be impugned

through the complaint provided for in Article 643.

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7-In the order in which it admits the appeal referred to in ( c) of Article 629 (3), shall

the judge order the citation of the defendant or the defendant, both for the terms of the appeal and

for those of the cause, save in cases where the respondent in the cautionary procedure does not

should be heard before your enactment.

Article 642.

Omission of the payment of the fees for justice

1-When the document proving the payment of the due rate of justice or the

grant of the benefit of the judicial support has not been joined to the proceedings in the

moment set for this purpose, the office notifies the person concerned to, in 10 days,

effecting the payment omitted, plus a fine of equal amount, but not less than

1 UC nor greater than 5 UC.

2-When, on the expiry of the 10-day period referred to in the preceding paragraph, it has not been together

to the proceedings the document proving the payment of the due rate of justice and the

fine or the granting of the benefit of the judicial support, the court determines the

disentangement of the claim, the application or the response presented by the party

in foul.

3-A part awaiting decision on the granting of the judicial support must, in the alternative,

to substantiate the presentation of the respective application.

Article 643.

Complaint against the dismissation

1-From the dispatch that does not admit the appeal may the appellant complain to the court that

would be competent for him to know within 10 days of the notice of the notification of the

decision.

2-The defendant may respond to the complaint filed by the appellant, in time

identical to that referred to in the previous number.

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3-A complaint, addressed to the top court, is filed in the court's office

resorted to, autuada by apenso to the main autos and is always instructed with the

application for appeal interposition and the allegations, the decision resorts to and the order

object of complaint.

4-A The complaint, as soon as distributed, is submitted to the rapporteur, who in 10 days profes

decision that admits the appeal or sends it up or keeps the order claimed, the

what is susceptible to challenge, in the terms provided for in Article 652 (3).

5-If the rapporteur does not judge sufficiently elucidated with the documents referred to in the para.

3, may request the court to resort to the clarifications or the certificates it understands

necessary.

6-If the complaint is dewound, the rapporteur requisites the main proceedings to the court

resorted to, which will make it up within 10 days.

CHAPTER II

Appeal

SECTION I

Interposition and effects of the resource

Article 644.

Autonomous appeals

1-It's appealing appeal:

a) Of the decision, handed down in 1 th instance, which will put an end to the cause or the

cautionary procedure or autonomously processed incident;

b) From the saneador dispatch that, without putting an end to the process, decides on the merit of the

cause or absolve of the instance the defendant or some of the defendants as to some or some

of the requests.

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2-It is still appealing to appeal the following decisions of the court of 1. instance:

a) Of the decision that apprecies the judge's impediment;

b) Of the decision which appreciates the absolute competence of the court;

c) Of the decision which decrees the suspension of the instance;

d) Of the dispatch of admission or rejection of some articulation or means of proof;

e) Of the decision that convict on a fine or comine another procedural sanction;

f) Of the decision that orders the cancellation of any registration;

g) Of a decision delivered after the final decision;

h) Of the decisions whose challenge with the appeal of the final decision would be

absolutely useless;

i) In the remaining cases specially provided for in the law.

3-The remaining decisions rendered by the court of first instance may be

impugned in the appeal that comes to be brought in the decisions provided for in paragraph 1.

4-If there is no recourse from the final decision, the interlocuting decisions that have an interest

for the appellant regardless of that decision may be challenged in a

single resource, to interpose after the transit of the said decision.

Article 645.

Way of ascent

1-Sobem on the autos themselves the interposable appeals:

a) Of the decisions that put an end to the process;

b) Of the decisions suspending the instance;

c) Of the decisions that dismiss the incident processed by apenso;

d) Of the decisions that dismiss liminally or do not order providence

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cautionary.

2-Separates separately the ununderstood appeals in the preceding paragraph.

3-Form a single process the appellations that go up jointly, separately from the

main autos.

Article 646.

Instruction of the resource with a separate climb

1-In the appellate with a separate climb, the parties indicate, after the findings of the

allegations, the process pieces of which they intend to certique to instruct the resource.

2-In the case provided for in the preceding paragraph, the mandators proceed to the examination of the procedure

Via public access computer page of the Ministry of Justice, on the terms

defined in the porterie provided for in Article 132 (1), and they shall provide the office to provide,

during the five-day time frame, the procedural parts, documents and too much elements

that are not available on the said computer page.

3-The process parts made available by electronic pathway are worth as a certificate for

effects of instruction of the resource.

Article 647.

Effect of the appeal

1-A appellation has merely devolutive effect, except in the cases provided for in the numbers

following.

2-A appellation has suspensive effect of the proceedings in the cases provided for in the law.

3-It has suspensive effect of the decision to appeal:

a) Of the decision that puts an end to the process in actions on the state of the people;

b) Of the decision putting an end to the proceedings in the actions referred to in points a) and b)

of Art. 629 (3) and those respecting the possession or ownership of home of

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housing;

c) From the dispatch of dismissal of the incident prosecuted by apenso;

d) Of the order that indefencates liminally or does not order the cautionary providence;

e) Of the decisions provided for in points e) and f) of Article 644 (2);

f) In the remaining cases provided for by law.

4-Out of the cases provided for in the preceding paragraph, the appellant may apply, by interacting the

feature, that the appeal has suspensive effect when the execution of the decision causes it

considerable injury and offer to provide collateral, by giving the assignment of this effect

conditioned on the effective provision of the surety within the deadline set by the court.

Article 648.

Terms to be followed in the application for the award of the suspensive effect

1-In the case provided for in paragraph 4 of the preceding Article, the attribution of the extinguishing effect extinguishing-

if the appeal is stopped for more than 30 days by negligence of the appellant.

2-To the request for an assignment of suspensive effect may the appellant answer in its claim.

Article 649.

Trasside and collateral requirement

1-The appellant may require at all time extracting backside, with indication of the parts

that, in addition to the sentence, it should cover.

2-Not wanting, or may not, to obtain provisional execution of the sentence, the appellant that

is not already secured by judicial mortgage may apply, in the claim, that the appellant

pay collateral.

Article 650.

Collateral

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1-If there is difficulty in the setting of the collateral referred to in Article 647 (4) and the n.

2 of the previous article, it calculates its value upon assessment made by a single expert

appointed by the judge.

2-If the surety is not provided within 10 days after the order provided for in the article

641., extract itself trasside, with the sentence and other pieces that the judge considers

indispensable to ensuing the incident, following the appeal of its terms.

3-If the surety has been provided by bail, bank guarantee or insurance-collateral, the same

keep up to the transit on trial of the final decision handed down in the last resort

interposed, may only be released in the event of absolvition of the application or, having the party

been convicted, proving that it has complied with the obligation within 30 days of the

traffic on trial.

4-In the case provided for in the second part of the preceding paragraph, if no proof has been made

of the fulfilment of obligation within the period referred to therein, shall be notified to the entity which

has provided the surety to deliver the amount of the same to the beneficiary party, applying,

in the event of default and with the necessary adaptations, the provisions of Article 777,

serving as an executive title the notification effected by the court.

Article 651.

Joining of documents and opinions

1-The parties may only attach documents to the allegations in the excecional situations to which

refers to Article 425 or in the case that the junction has become necessary by virtue of the

judgment delivered in the 1 th instance.

2-The parties may join opinions from jurisdictions until the beginning of the term for the

drafting of the draft judgment.

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SECTION II

Judgment of the appeal

Article 652.

Role of the reporter

1-The judge to whom the process is distributed becomes the rapporteur, tasked with deinjing

all the terms of the appeal until final, specifically:

a) Correct the effect attributed to the resource and the respect-ascent mode, or invite

the parties to perfect the findings of the respective claims, under the terms of the

n Article 639 (3);

b) Verify that some circumstance stubbors the knowledge of the resource;

c) To judge summarily the object of the appeal, in the terms provided for in Article 656;

d) Order the representations it deems necessary;

e) Authorize or refuse the joining of documents and opinions;

f) Judging the incidents raised;

g) Declare the hold of the instance;

h) Judging extinct the instance because of the diversion of the trial or judging finess the

feature, as there is no getting to know from your object.

2-In the decision of the object of the appeal and the questions to be appreciated in conference,

by the order of seniority in the court, the judges following the rapporteur.

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3-Unless the provisions of Article 641 (6), when the Party considers itself to be prejudiced by

any dispatch of the rapporteur, which is not from mere expedient, may require that on

the matter of the order recapes a judgment; the rapporteur shall submit the case to the conference,

after listening to the opposing party.

4-A the claim deducted is decided in the judgment that judges the appeal, save when the

nature of the issues raised impinges immediate decision making, in this case, applicable,

with the necessary adaptations, the provisions of Article 657 (2 a) to 4.

5-From the judgment of the conference may the party which is deemed to be prejudiced:

a) Complain, with suspensive effect, of the decision handed down on the competence

relative of the Relation to the President of the Supreme Court of Justice, which

decides definitely the issue;

b) Appeal in the general terms.

Article 653.

Error in resource ascent mode

1-If the feature has risen separately, when it should go up in the autos itself,

request these to the court resorted.

2-Deciding the rapporteur, conversely, that the resource that went up in the autos itself should

have risen separately, the court notifies the parties to indicate the necessary parts

to the statement of the appeal, which are autured with the application for the interposition of the

resource and with the allegations, by downloading, then the main autos to the 1 th instance.

Article 654.

Error as to the effect of the feature

1-If the rapporteur understands that the effect of the appeal should be changed, it must listen to the parties, before

to decide, within five days.

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2-If the matter has been raised by some of the parties in its claim, the rapporteur only

hear the contrarian part that you have not had an opportunity to answer.

3-Deciding that to the appeal, received in the merely devolutive effect, must be ascribe

suspensive effect is exclaimed trade, if the appellant requires it, to be suspended to

execution; the trade contains solely the identification of the sentence whose execution must

be suspended.

4-When, instead, judge yourself that the appeal, received in the two effects, should have been in the

merely devolutive effect, the rapporteur sends to the pass, if the appellant requires it: the

trasside, which low to the 1 th instance, contains only the judgment and the sentence appeased,

unless the appellant requires that it cover other parts of the process.

Article 655.

Not knowledge of the resource object

1-If you understand that you cannot know yourself from the object of the resource, the rapporteur, before utning

decision, will hear each of the parties, by the deadline of 10 days.

2-Being the issue raised by the appellant, in its claim, the provisions of paragraph 2 shall apply.

of the previous article.

Article 656.

Liminal decision of the object of the resource

When the rapporteur understands that the issue to be decided is simple, specifically by having already

be jurisdictionally appreciated, in a uniform and repeated manner, or that the appeal is

manifestly unfounded, proffers summary decision, which may consist of simple

remission to the precedents decisions, of which you will join copy.

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Article 657.

Preparation of the decision

1-Decide the issues that should be enjoyed before the judgment of the object of the

resource, if the case provided for in the previous article does not occur, the rapporteur draws up the project

of judgment within 30 days.

2-In the session prior to the trial of the appeal, the process, accompanied with the project

of judgment, goes with a simultaneous view, by electronic means, to the two judges-adjoining,

by the time limit of five days, or, when this is not technically possible, the rapporteur orders

the extraction of copies of the draft judgment and of the relevant procedural parts for the

appreciation of the object of the appellation.

3-If the volume of the relevant procedural parts makes overly lengthy the extraction

of copies, the process goes with a view to the two judges-adjoining, by the time frame of five days to

each one.

4-When the nature of the issues to be decided or the need for swiftness in the trial

of the resource advises, may the rapporteur, with the concordance of the adjoining, dispense

the visas.

Article 658.

Suggestions of the adjoining

1-If any of the acts understood in the tasks of the rapporteur are suggested by some

of the adjoining, it is up to the rapporteur to order his / her practice, if with her agree, or to submit it

to the conference, in the contrary case.

2-Related to diligence, can the adjoining have new vista, whenever necessary, to

examine your outcome.

Article 659.

Judgment of the object of the resource

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1-The process is entered in the table as soon as the deadline for the rapporteur has elapsed.

draw up the draft judgment.

2-On the day of the trial, the rapporteur makes succinct presentation of the draft judgment and, of

followed, give their vote the judge-adjoining, by the order of their intervention in the process.

3-A The decision is taken by majority, being the discussion directed by the president, who

desempate when it cannot form a majority.

Article 660.

Effects of the impurition of interlocutory decisions

The court only gives the objection to the impugning of the interlocutory decisions, challenged

jointly with the final decision in accordance with Article 644 (3), when the infringement

committed can modify that decision or when, regardless of it, the

provement has an interest for the appellant.

Article 661.

Lack or impediment of judges

1-The rapporteur is replaced by the first deputy in the lines or impediments that do not

justify second distribution and while this one if you do not.

2-If the lack or impediment respects one of the judges-deputation, the replacement rests with the judge

next to the last of them.

Article 662.

Modifiability of the de facto decision

1-A Relation must change the decision handed down on the matter of fact, if the facts are

as assents, the evidence produced or a supervenient document impose decision

diversion.

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2-A Relation must still, even officiously:

a) Order the renewal of the production of the proof when there are serious doubts about

the credibility of the testimony or about the sense of his testimony;

b) Order, in case of doubt founded on the evidence held, the production of

new means of proof;

c) Annul the contested decision, if it is shown that the statement of reasons is insufficient,

obscure or contradictory.

3-In the situations provided for in the preceding paragraph, the following shall be carried out:

a) If the renovation or production of new evidence is ordered, it is observed, with the

necessary adaptations, the precept as to the instruction, discussion and judgment

in the 1ª instance;

b) If the decision is annulled and it is unviable to obtain its statement of reasons for the same

judge, proceeds to the repetition of the production of the evidence in the part of the decision that is

addicted, save if there is to be appreciated other points of the matter in fact to

avoid contradictions.

4-The decisions of the Relation provided for in paragraphs 1 and 2 shall not be appean to the Supreme

Court of Justice.

Article 663.

Drafting of the judgment

1-The ultimate judgment is laundered in harmony with the guidance that has prevailed,

owing the vencent, as to the decision or as to the simple grounds, sign in

last place, with the succinct mention of the reasons for dissent.

2-The judgment in principle by the report, in which matters to be succinctly stated

decide on the appeal, then exposes the fundamentals and completes the decision, noting-

if, in the applicable part, the precept in articles 607 to 612.

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3-When the rapporteur is overcome with respect to the decision or all the grounds

of this, is the judgment laundered by the first deputy winner, which it defers to the

terms that follow, for integration or reform of the judgment.

4-If the rapporteur is only won as to some of the grounds or relatively the

any ancillary matter, is the judgment laundered by the judge that the president designates.

5-When the Relation understands that the issue to be decided is simple, can the judgment limit itself

to the operative part, preceded by the summary statement of the judgment, or, when the matter

has already been jurisdictionally appreciated, refer to precedent judgment, of which

junte copy.

6-When it has not been impugned, nor is there any place for any change in the matter of

fact, the judgment is limited to refer to the terms of the decision of the 1 th instance which

decided that matter.

7-The judge who lavages the judgment shall summarize it.

Article 664.

Publication of the result of the vote

1-If it is not possible to immediately wash down the judgment, it is the result of what to decide

published, after registered in a book of remembrances, which the judges sign.

2-The judge to whom to compete the drafting of the judgment stands with the case and presents the

judgment in the first session.

3-The judgment has the date of the session in which it is signed.

Article 665.

Rule of substitution to the court resorted to

1-Even if it declarates the decision that puts an end to the proceedings, the court of appeal shall

know of the object of the appellation.

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2-If the court resorted to it has left to know certain issues, in particular by

consider them impaired by the solution given to the dispute, the Relation, if it understands that the

appellation proceeds and nothing obstinates the appreciation of those, of them know in the same judgment

in which to revoke the contested decision, whenever it has the necessary elements.

3-The rapporteur, before he is handed a decision, listens to each of the parties, by the deadline of 10

days.

Article 666.

Vices and reform of the judgment

1-Is applicable to the 2 th instance what is thought to be disposed of in Articles 613 to 617, but the

judgment is still void when it is laundered against the vencent or without the necessary

maturity.

2-A rectification or reform of the judgment, as well as the argument for nullity, are decided

in conference.

Article 667.

Judgment lavished against the vanquished

It is considered to be laundered against the vanquished the judgment given in a different sense than

is registered in the book of souvenirs.

Article 668.

Reform of the judgment

1-If the High Court of Justice annuls the judgment and sends it reform, they intervene in the

reform, where possible, the same judges.

2-The judgment is restrained in the precise terms that the Supreme Court of Justice has

fixed.

Article 669.

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Low of the process

If the judgment is not apperedacted, the case is down to 1 th instance, without staying in the

Relation-trasside some.

Article 670.

Defence against the abusive delays

1-If the rapporteur appears to be manifest that the party intends, with a particular application,

obster to the performance of the trial or to the low of the process or its shipment to the

competent court, takes the application to the conference, and may this order, without

Prejudice to the provisions of Article 542, that the respective incident is to be carried out separately.

2-The provisions of the preceding paragraph shall also apply to cases in which the party seeks

obster to traffic on trial of the decision, through the arousal of incidents, to it

posterior, manifestly unfounded.

3-A The decision of the conference which qualifies as manifestly unfounded the incident

raised determines the immediate extraction of trasside, proceeding the autos its

terms in the court resorted to.

4-In the case provided for in the preceding paragraph, only the decision is handed down to the trasside after

of, counted at the expense of the final, the applicant has paid them, as well as all fines and

compensation that hajam has been fixed by the court.

5-A The impugned decision through manifestly unfounded incident considers itself, to

all effects, carried on trial.

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6-Being the processed nullified as a result of the award in the decision to be rendered in the

Rear, the provisions of the preceding paragraph do not apply.

CHAPTER III

Magazine feature

SECTION I

Interposition and dispatch of the resource

Article 671.

Decisions that behave magazine

1-Cabe revised to the Supreme Court of Justice of the judgment of the Relation, delivered on

decision of the 1 th instance, which knows from the merit of the cause or which puts an end to the

process, absolving from the instance the defendant or some of the defendants as to the request or

reconvention deducted.

2-The judgments of the Relation, which appreciate interlocutory decisions that fall solely

on the procedural relationship, can only be the subject of magazine:

a) In cases where the appeal is always admissible;

b) When they are in contradiction with another, already transitioned on trial, prowounded

by the Supreme Court of Justice, in the area of the same legislation and on the

same fundamental issue of law, unless it has been given judgment of

uniformity of jurisprudence with it as per.

3-Without prejudice to the cases in which the appeal is always admissible, it is not admitted to the magazine of the

judgment of the Relation confirming, without a vote of due and without a statement of reasons

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essentially different, the decision handed down in the 1 th instance, save in the cases provided

in the following article.

4-If there is or is no admissible magazine appeal of the decisions provided for in paragraph 1,

the judgments given pending proceedings in the Relation may be challenged,

case have an interest for the appellant regardless of that decision, in a

single resource, to interpose after the transit of that decision, within 15 days after the

referred to transit.

Article 672.

Excecional magazine

1-Excecionaly, it is up to the magazine appeal of the judgment of the Relation referred to in paragraph 3 of the

previous article when:

a) Be it a matter whose appreciation, for its legal relevance, is

clearly necessary for a better application of the right;

b) They are in particular interests of particular social relevance;

c) The judgment of the Relation is in contradiction with another, already transitioned in

judged, delivered by any Relation or by the Supreme Court of Justice,

in the area of the same legislation and on the same fundamental issue of

right, unless the judgment of uniformity of jurisprudence has been delivered

with him as.

2-The applicant shall state, in his claim, under penalty of rejection:

a) The reasons why the appreciation of the issue is clearly necessary for a

better application of law;

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b) The reasons for which the interests are of particular social relevance;

c) The identity aspets that determine the alleged contradiction, by gathering copy

of the judgment-grounds with which the judgment under appeal is found in

opposition.

3-A The decision as to the verification of the assumptions referred to in paragraph 1 shall compete with the Supreme

Court of Justice, owing to be the object of summary preliminary assessment, the post of

a training consisting of three judges chosen annually by the President of

among the oldest of the cable sections.

4-A The decision referred to in the preceding paragraph, summarily substantiated, is final, not

being susceptible to claim or appeal.

5-If it is understood that, despite the fact that the assumptions of the excecional magazine are not verified,

nothing obstinates the admissibility of the magazine in the general terms, the training provided for in paragraph 3

determines that this is presented to the rapporteur, in order to proceed to the examination

preliminary.

Article 673.

Interlocuted decision-making resources

The judgments given in pendency of the process in Relation can only be

impugned in the magazine feature that comes to be brought in the terms of paragraph 1 of the article

671., with the exception:

a) Of the judgments whose challenge with the magazine feature would be absolutely

useless;

b) Of the other cases expressly provided for in the law.

Article 674.

Fundamentals of the magazine

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1-A magazine may have on the grounds of:

a) The violation of substantive law, which can consist of both the error of interpretation

or of application, as in the error of determination of the applicable standard;

b) The violation or wrong application of the law of procedure;

c) The nullities provided for in Articles 615 and 666.

2-For the purposes of the provisions of the paragraph a) from the previous number, consider themselves as law

noun the norms and principles of general or common international law and the

generic, substantive provisions, emanating from the organs of sovereignty,

national or foreign, or constants of international conventions or treaties.

3-The error in the assessment of the evidence and the setting of the material facts of the cause cannot be

magazine feature object, unless there is an offence of an express provision of law

that requires certain kind of proof for the existence of the fact or that it set the strength of

determined means of proof.

Article 675.

Way of ascent

1-Sobem in the autos themselves the interposed journals of the decisions provided for in paragraph 1 of the

article 671.

2-Separated in separate the non-understood magazines in the preceding paragraph.

3-Form a single process the journals that go up jointly, separately from the

main autos.

Article 676.

Effect of the resource

1-The magazine feature only has suspensive effect on questions about the state of people.

2-If the appeal is admitted with suspensive effect, it may the defendant require the provision of

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surety, the provisions of Article 649 (2) being applicable.

3-If the effect of the appeal is merely devolutive, it may the defendant require that if

extraia trasside, which must understand solely the judgment, save if the defendant

make, at your expense, insert other pieces.

Article 677.

Regime applicable to the interposition and dispatch of the magazine

In the cases provided for in Article 673 and in urgent proceedings, the time limit for the interposition

of feature is 15 days.

Article 678.

Resource per saltum for the Supreme Court of Justice

1-The parties may apply, in the findings of the claim, that the interposed appeal of the

decisions referred to in Article 644 (1) suba directly to the Supreme Court of

Justice, provided that, cumulatively:

a) The value of the cause is higher than the remit of the Relation;

b) The value of succumbing is greater than half of the Relation's remit;

c) The parties, in their allegations, raise only questions of law;

d) The parties do not impugn, in the appeal of the decision provided for in Article 644 (1),

any interlocating decisions.

2-Where the application referred to in the preceding paragraph is submitted by the

resorted to, the appellant may pronounce it within 10 days.

3-The present appeal is processed as a magazine, save with respect to the effects, to which

applies the provisions of the appellate.

4-A Decision of the rapporteur to understand that the issues raised are beyond the scope of

magazine and determine that the process lowered the Relation, in order to the appeal there to be processed,

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is definitive.

5-From the decision of the rapporteur admitting the appeal per saltum , there may be complaint to the

conference.

SECTION II

Judgment of the appeal

Article 679.

Application of the appellate regime

The provisions relating to the judgment of the appellation shall apply to the magazine appeal, with

the exception of what sets out in Articles 662 and 665 and the provisions of the following articles.

Article 680.

Joining of documents and opinions

1-With the allegations can be joined by super-venient documents, without prejudice to the

provisions of Article 674 (3) and in Article 682 (2).

2-At the juncture of opinions the provisions of Article 651 (2) shall apply.

Article 681.

Oral allegations

1-Can the rapporteur, officiously or the reasoned application from some of the parties,

determine the holding of hearing for discussion of the object of the resource.

2-On the day scheduled for the hearing hear-if the parties that have attended, do not

there being place on postponements.

3-The president declares open the audience and makes a summary exposition on the object of the

resource, enunciating the issues that the court understands should be discussed.

4-The President gives the floor to the appellant of the appellant and the defendant to se

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to pronounce on the issues referred to in the preceding paragraph.

Article 682.

Terms in which you judge the court of magazine

1-To the material facts set by the court resorted to, the Supreme Court of Justice

definitely applies the legal regime that it judges appropriate.

2-A The decision handed down by the court resorted to the matter of fact cannot be

amended, save the excecional case provided for in Article 674 (3).

3-The case only goes back to the court resorted to when the Supreme Court of Justice

understand that the de facto decision can and should be extended, in order to constitute basis

sufficient for the decision of law, or that contradictions occur in the decision on the

de facto matter that make it impossible for the legal decision of the vote to be made.

Article 683.

New trial in the court of law

1-In the excecional case referred to in paragraph 3 of the previous article, the Supreme Court of

Justice, after defining the applicable right, sends judgment again to the cause, in

harmony with the decision of law, by the same judges who intervened in the first

trial, whenever possible.

2-If, because of the lack or contradiction of the elements of fact, the Supreme Court of Justice does not

can accurately fix the legal regime to be applied, the new decision admits to appeal

magazine, on the same terms as the first.

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Article 684.

Reform of the judgment in the case of nullities

1-Where any of the nullities are deemed to be held in the paragraphs c) and e) and in the

second part of the point d ) of Art. 615 (1) or when the judgment shows

lavished against the vanquished, the Supreme Court of Justice suppress the nullity, declares in

What sense the decision should consider-if modified and knows from the other fundamentals

of the resource.

2-If any of the remaining nullities of the judgment are made, it sends down the procedure, the

an end to make the reform of the decision annulled, by the same judges when possible.

3-A new decision that comes to be handed down, in harmony with the provisions of the number

previous, admit magazine feature on the same terms as the first one.

Article 685.

Nulities of judgments

It shall apply to the judgment of the Supreme Court of Justice the provisions of Article 666.

SECTION III

Expanded judgment of the magazine

Article 686.

Uniformity of jurisprudence

1-The President of the Supreme Court of Justice determines, until the prolation of the judgment, that

the judgment of the appeal is done with intervention from the full of the cable sections, when

such if it proves necessary or convenient to ensure the uniformity of the jurisprudence.

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2-The extended judgment, provided for in the preceding paragraph, may be required by any

of the parties and shall be proposed by the rapporteur, by any of the adjoining, by the Chairpersons

of the cable sections or the Public Prosecutor's Office.

3-The rapporteur, or any of the adjoining, shall compulsorily propose the expanded judgment of the

magazine when you check the possibility of legal solution expiration that is in

opposition with uniformed jurisprudence, in the field of the same legislation and on the

same fundamental question of law.

4-A The decision referred to in paragraph 1 shall be final.

Article 687.

Specialties in the trial

1-Determined the judgment by the assembled sections, the process goes with a view to the

Prosecutor's Office, for 10 days, for issuing opinion on the issue that originates from

need for the uniformity of jurisprudence.

2-If the decision to be delivered involves amending previously uniformed jurisprudence,

the rapporteur hears beforehand the parties if they have not been given the opportunity to

pronounce on the extended judgment, the provisions of Article 681 being applicable.

3-After the hearing of the parties, the process goes with a simultaneous view to each of the judges who

should intervene in the trial, applying the provisions of paragraphs 2 and 3 of Article 657.

4-The trial only takes place with the presence of at least three quarters of the judges in

exercise in the cable sections.

5-The judgment delivered by the sections gathered on the object of the magazine is published in the 1 th

series of the Journal of the Republic .

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CHAPTER IV

Resource for uniformization of jurisprudence

Article 688.

Foundation of the appeal

1-The parties may appeal to the full of the cable sections when the Supreme

Court of Justice to provide judgment that is in contradiction with another previously

delivered by the same court, in the field of the same legislation and on the same

fundamental question of law.

2-As the grounds of the appeal can only invoke prior judgment with transit in

judged, presuming traffic.

3-The appeal is not admitted if the orientation perched in the judgment under appeal is of

agreement with uniformed jurisprudence of the Supreme Court of Justice.

Article 689.

Deadline for the interposition

1-The appeal for uniformity of jurisprudence is brought up within 30 days,

count of the transit on trial of the judgment under appeal.

2-The defendant has the identical time limit to respond to the appellant's claim, counted

of the date on which you have been notified of the respective presentation.

Article 690.

Statement of the application

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1-The application for interposition, which is auctioned by apenso, shall contain the allegation of the

recurrent, in which they identify the elements that determine the alleged contradiction and

the violation charged to the judgment under appeal.

2-With the requirement set out in the preceding paragraph, the appellant joins copy of the judgment

previously delivered by the Supreme Court of Justice, with which the judgment

resorted to finds itself in opposition.

Article 691.

Appeal by the Public Prosecutor's Office

The jurisprudence uniformity appeal should be brought by the Public Prosecutor's Office,

even when it is not a party to the cause, but in this case it has no influence on the

decision of this, intended solely for the issuance of a judgment of uniformity on the

conflict of jurisprudence.

Article 692.

Liminal appreciation

1-Received the counter-claims or expired the deadline for your submission, is the process

conclusive to the rapporteur for preliminary examination, the appeal being rejected, in addition to the cases

provided for in Article 641 (2), where the appellant there is not met the burden

set out in Article 690, there is no opposition that serves as a foundation or

occur the situation provided for in Article 688 (3).

2-From the decision of the rapporteur can the appellant complain to the conference.

3-Fishing the period of response of the defendant, the conference decides on the verification of the

assumptions of the appeal, including the contradiction invoked as its foundation.

4-The judgment of the conference provided for in the preceding paragraph shall be irrecurrable, without prejudice to the

full of the cable sections, when judging the appeal, to be able to decide in a contrary sense.

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5-Admitigating the resource, the reporter sends the process to the distribution.

Article 693.

Effect of the resource

The appeal for uniformity of jurisprudence has merely devolutive effect.

Article 694.

Provision of collateral

If it is pending or is promoted the execution of the sentence, it cannot the exequent or

any creditor is paid in cash or on any goods without providing collateral.

Article 695.

Judgment and terms to be followed when the appeal is proceeded

1-In the judgment of the appeal, the provisions of Article 687 shall apply, with the necessary

adaptations.

2-Without prejudice to the provisions of Article 691, the decision to verify the existence of the

jurisprudential contradiction repeals the judgment resorted to and replaced it with another in which

if it decides the contentious issue.

3-A The appeal decision does not affect any sentence prior to the one that has

been impugned nor the legal situations constituted by its shelter.

CHAPTER V

Review

Article 696.

Fundamentals of the resource

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The decision transitioned on trial can only be the object of review when:

a) Another sentence carried on trial has given as proved that the decision

results from a crime practiced by the judge in the exercise of his duties;

b) If you check the falsity of document or court act, of testimony or of the

statements by experts or arbitrators, who may, in any case, have

determined the decision to be reviewed, not having the matter been the subject of discussion in the

process in which it was delivered;

c) If it presents document that the party had no knowledge, or that

had not been able to make use, in the process in which the decision was made to be reviewed

and that, in and of itself, is sufficient to modify the decision in a sense more

favorable to the beaten part;

d) If it checks for nullity or cancellability of confession, desistance or transaction in

that the decision was founded;

e) Having raced the action and execution in absentia, for absolute lack of intervention of the

respondent, if it shows that it has lacked the citation or that it is void the citation made;

f) Be irreconcilable with a definitive decision of an international instance of

binding resource for the Portuguese State;

g) Litigation based on simulated act of the parties and the court has not made use

of the power that gives it the Article 612, for the time being unaware of the fraud.

Article 697.

Deadline for the interposition

1-The appeal is interposed in the court that delivered the decision to be reviewed.

2-The appeal cannot be interferon if they have elapsed more than five years on the

traffic on trial of the decision, save if it respects personality rights, and the deadline

for the interposition is 60 days, counted:

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a) In the case of point a ) of the previous article, of the transit on trial of the sentence in

which fuses the review;

b) In the case of point f ) of the previous article, provided that the decision in which it is founded

review has become final;

c) In the other cases, as long as the appellant obtained the document or had

knowledge of the fact that serves as a basis for the review.

3-In the case of point g) of the previous article, the deadline for the interposition of the resource is two

years, counted from the knowledge of the sentence by the appellant, without prejudice to the

period of five years provided for in the preceding paragraph.

4-In the cases provided for in the second part of Article 631 (3), the time limit provided for in paragraph 2

non-finda before a year has elapsed on the acquisition of capacity by the

incapable or about the change of its legal representative.

5-If, however, due to abnormal delay in the tramping of the cause in which the review is founded

there is a risk of expiry, may the person concerned intercede even before that

be handed down decision, requiring soon the suspension of the instance in the resource, until that

transsite decision on trial.

6-The decisions rendered in the review process admit the ordinary resources to which

would be originally subject in the course of the action in which the sentence was handed down to

review.

Article 698.

Statement of the application

1-In the application for the interposition, which is autured by apenso, the appellant alleges the

facts constitutive of the plea of appeal and, in the case of point g) of Article 696, the

injury resulting from the procedural simulation.

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2-In cases of the points a) , c ), f) and g ) of Article 696, the appellant, with the requirement of

interposition, presents certificate, depending on the cases, of the decision or the document in

that merges the application.

Article 699.

Admission of the resource

1-Without prejudice to the provisions of Article 641 (1), the court to which the

application indefere it when it has not been instructed in the terms of the previous article

or when it immediately acknowledges that there is no reason for review.

2-Admitigate the appeal, personally notifies the defendant to respond within 20

days.

3-The receipt of the appeal does not suspend the execution of the contested decision.

Article 700.

Judgment of the review

1-Saved in the cases of the points b ), d) and g) of Article 696, the court, soon after the

response of the defendant or to the expiry of the time period, he knows of the plea of

review, preceding the steps considered indispensable.

2-In cases of the points b ), d) and g) of Article 696, follows, after the response of the resorts

or the term of the respectable period, the terms of the declarative common process.

3-When the appeal has been directed to some higher court, it may this requisite to the

court of 1 th instance, from where the process went up, the moves that show

necessary and that in that they cannot take place.

Article 701.

Terms to be followed when the review is proceeded

1-In cases provided for in points a) a f ) of Article 696, if the ground of the review is

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Proceeded, the contested decision is revoked, the following is observed:

a) In the case of point e) of Article 696, annul the terms of the proceedings

subsequent to the citation of the defendant or at the time when it was due to be made and orders

that the defendant is cited for the cause;

b) In the cases of the items a ), c ) and f ) of Article 696, new decision shall be proffered,

by proceeding to the absolutely indispensable representations and giving each other

one of the parties the period of 20 days to claim in writing;

c) In the cases of the items b) and d ) of Article 696, order to follow the terms

necessary for the cause to be again instructed and adjudicated, taking advantage of

part of the process that the foundation of the review has not impaired.

2-In the case of point g ) of Article 696, if the ground of the review is found to be proceeded

anula-se the decision resorts to.

Article 702.

Provision of collateral

If it is pending or is promoted the execution of the sentence, it cannot the exequent or

any creditor is paid in cash or on any goods without providing collateral.

BOOK IV

From the execution process

Title I

From the executive title

Article 703.

Species of executive securities

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1-Running can only serve as a basis:

a) The sentencing sentences;

b) The documents exarred or authenticated, by notary or by other entities

or professionals with competence for such, who import constitution or

recognition of any obligation;

c) The credit titles, albeit mere quirographers, provided that, in this case, the

facts constitutive of the underlying relationship are contained in the document itself or

are alleged in the executive application;

d) The documents to which, by special provision, are given executive force.

2-Considerate covered by the executive title the interest of mora, at the legal rate, of the

obligation of him constant.

Article 704.

Requirements of the enforceability of the sentence

1-A sentence only constitutes executive title after the transit on trial, save if the

resource against it interpost has merely devolutive effect.

2-A execution initiated in the pendency of extinguishing resource-if or modifies in

compliance with the definitive decision proven by certiability; the decisions

interaverages may also suspend or modify the execution, depending on the effect

assigned to the resource that against them interpuser.

3-As long as the sentence is pending appeal, it cannot the exequent or any

creditor being paid without providing collateral.

4-As long as the sentence is pending appeal, if the well pawn is the home of

effective housing of the executed, the judge may, on the application of that, determine that the

sale wait for the definitive decision, when that one is susceptible to cause injury

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serious and hardly reparable.

5-When to perform sentence of which there has been an appeal with effect merely

bounty, without the overdue part there is required for the assignment of the suspensive effect,

in accordance with Article 647 (4), neither the winning party is required to provide

of surety, pursuant to Article 649 (2), the executed may obtain the suspension of the

execution, upon provision of collateral, by applying, properly adapted, the n. 3 of the

article 733 and paragraphs 3 and 4 of Article 650.

6-Having there been generic condemnation, in accordance with Article 609 (2), and not

depending on the settlement of the obligation of simple arithmetic calculation, the sentence alone

constitutes executive title after the liquidation in the declarative proceedings, without prejudice to the

immediate enforceability of the part that is liquid and the provisions of Article 716 (6).

Article 705.

Enforceability of dispatches and arbitral decisions

1-Are assimilated to the sentences, under the point of view of the executive force, dispatches and

any other decisions or acts of the judicial authority that convicts in the compliance

of an obligation.

2-The decisions rendered by the arbitral tribunal are enforceable on the same terms in which

the are the decisions of the common courts.

Article 706.

Feasibility of the sentences and exarised securities in foreign country

1-Without prejudice to what is found in treaties, conventions, regulations

community and special laws, the sentences handed down by courts or by arbitrators in

foreign country can only serve as a basis for execution after magazines and confirmed

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by the competent Portuguese court.

2-Do not, however, lack the revision to be enforceable the titles exarised in country

foreign.

Article 707.

Enforceability of authentic or authenticated documents

The documents exarred or authenticated, by notary or by other entities or

professionals with competence to do so, in which they are convening future benefits or if

providing for the constitution of future obligations may serve as a basis for implementation, provided that

prove, by document passed in accordance with the clauses of them constants or,

being those missing, redressed of own executive force, that some provision was

carried out for completion of the business or that some obligation has been constituted in the sequence

of the forecast of the parties.

Article 708.

Feasibility of the writings with signature to rogo

Any document signed to rogo only enjoys executive force if the signature is

recognized by notary or by other entities or professionals with competence to

such.

Article 709.

Cumulation of executions founded on different titles

1-It is allowed to the creditor, or several litisconsort creditors, to carry out executions, yet

founded on different securities, against the same debtor, or against various debtors

litisconsorts, save when:

a) Occur absolute incompetence of the court for some of the executions;

b) The executions have different purposes;

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c) To some of the executions match special process different from the process

which should be employed as to the others, without prejudice to the provisions of paragraphs 2 and

3 of Article 37;

d) The execution of the judicial decision runs on the autos themselves.

2-When the executions merge into judicial formation titles other than the sentence,

the executive action runs in the court of the place where it ran the procedure of value more

high.

3-When fulfilling execution founded in title of judicial formation other than the

sentence with execution founded on extrajudicial title, the executive action runs in the

court of the place where it ran the procedure in which the title formed.

4-When executions are based on all in extrajudicial titles, it is applicable to the

determination of the territorial jurisdiction the provisions of Article 82 (2) and (3), with the

necessary adaptations.

5-When cumulation of executions occurs that should follow form of common process

distinct, the execution follows the ordinary form.

Article 710.

Cumulation of executions founded in sentence

If the executive title is a sentence, it is permissible to cumulate the execution of all the

applications adjudicated proceeded.

Article 711.

Successive cumulation

1-While an execution is not extinguished, it may the exequent require, in the same

process, the execution of another title, as long as you do not check any of the

circumstances that prevent cumulation, without prejudice to the provisions of the number

next.

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2-Cessa the obstacle provided for in the paragraph b ) of Article 709 (1) when the implementation

initiated with a view to the delivery of the right thing or de facto delivery there has been converted

in execution for payment of right amount.

Title II

Of the general provisions

Article 712.

Electronical procedure of the process

1-A The plotting of the executive processes is, as a rule, electronically effected, in the

terms of the provisions of Article 132 and the regulatory provisions in force.

2-The model and the terms of submission of the executive application are defined by

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

3-If the exequent is sponsored by judicial mandatary, the executive application

must be sent by electronic means; if, in this case, it is presented on paper support

without showing any fair impediment, the party is obliged to pay a

fine in the value of 2 UC.

4-All queries to be carried out by the executing agent with a view to the effectivation of the penhora,

as well as any communications between this and the judicial or other services

practitioners of the venue are, as a rule, carried out by electronic means.

Article 713.

Requirements of the exection obligation

The execution principality by the representations, to be applied for by the exequent, intended to make the

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right, required and net obligation, if the not in the face of the executive title.

Article 714.

Choice of provision in the alternative obligation

1-When the obligation is alternative and belongs to the debtor the choice of the provision, the

citation of the executed to oppose the execution includes notification to, at the same time

of the opposition, if another has not been fixed by the parties, declare by which of the benefits

opta.

2-Cabling the choice to third party, this is notified to effect it, pursuant to the number

previous.

3-In the lack of choice by the debtor or by third party, as well as in the case of there being several

debtors and it is not possible to form a majority as to the choice, this one is effected by the

creditor.

Article 715.

Conditional obligation or dependent on provision

1-When the obligation is dependent on suspensive condition or a provision by

part of the creditor or third party, it is incumbent on the creditor to claim and prove documentally, in the

own executive application, which has checked the condition or which has effected or offered

the provision.

2-When the proof cannot be made by documents, the creditor, when applying for the execution,

offers immediate respects proof.

3-In the case provided for in the preceding paragraph, the judge shall decide after summarily appreciating the

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proof produced, unless you understand it necessary to hear the debtor before utting

decision.

4-In the case provided for in the final part of the preceding paragraph, the debtor is quoted with the

warning that, in the lack of dispute, one considers whether to be checked the condition or

effected or offered the provision, pursuant to the executive application, save the

provisions of Article 568.

5-A The contestation of the executed can only take place as opposed to the execution.

6-paragraphs 7 and 8 of the following article apply, with the necessary adaptations, when

carry out obligation that only partially is required.

Article 716.

Settlement

1-Whenever the amount in debt is illiquid, the exequent shall specify the values that

considers it to be understood in the provision due and to complete the executive requirement with

a net request.

2-When the execution understands interest that continues to beat, its liquidation is

done by the final, by the executing agent, in the face of the executive title and the documents which

the exequent offers in accordance with him or, being the case of this, depending on the

legal interest rates of applicable living.

3-In addition to the provisions of the preceding paragraph, the Executing Agent Liquida, still,

monthly and at the time of the cessation of the application of the compulsory pecuniary penalty,

the importances due as a result of the imposition of financial penalty

compulsory, notifying the executed of the liquidation.

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4-When the execution merges in extrajudicial title and the settlement does not depend on

simple arithmetical calculation, the executed is cited for contesting, as opposed to the

execution, upon embargoes, with the warning that, in the lack of contestation, the

obligation is deemed to be fixed in the terms of the executive application, unless the provisions of

in Article 568; there is dispute or being the unhealthy revelation, paragraphs 3 apply

and 4 of Article 360.

5-The provisions of the preceding paragraph shall apply to the executions of judicial decisions or

equstops, when they do not behold the onus of proceeding to liquidation under the proceedings

of declaration, as well as the executions of arbitral decisions.

6-A liquidation by arbitrators, when it should take place for the effect of execution founded on

diverse title of sentence, it is carried out, pursuant to Art. 361, before presented the

executive application; the appointment is made on the terms applicable to arbitration

voluntary, however, however, to the presiding judge of the court of execution the jurisdiction

supplement there assigned to the president of the court of Relation.

7-When the iliquidity of the obligation results from this having per mediate object a

universality and the author is unable to realize the elements that make it up, the

settlement takes place at a time immediately subsequent to the seizure, preceding the

delivery to the exequent.

8-If a part of the obligation is illiquid and another liquid, it may run this

immediately.

9-Rewanting the immediate execution of the liquid part, the liquidation of the other party may be

made pending the same execution, on the same terms in which it is possible to

initial settlement.

Article 717.

Informatic record of executions

1-The informatic record of executions contains the rol of the pending executions and,

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in respect of each of them, the following information:

a) Identification of the implementation process;

b) Identification of the enforcement agent;

c) Identification of the parties, under the terms of the paragraph a) of Article 724 (1);

d) Request;

e) Goods indicated for penhora;

f) Pawned goods;

g) Identification of the claimed claims.

2-From the same record also appears in the rol of the finished or suspended executions,

mentioning, in addition to the elements referred to in the preceding paragraph:

a) The extinction with partial payment;

b) The extinction of the execution because they have not been found to be pawable goods;

c) The declaration of insolvency and the appointment of an administrator of insolvency,

as well as the closure of the insolvency proceedings;

d) The archiving of the labour executive process, for not being found

goods for penhora.

3-The data provided for in the preceding paragraph shall be accompanied by the information referred to

in the points a ) and c) of paragraph 1.

4-The executing agent shall keep the informatic record of executions up to date.

Article 718.

Rectification, update, deletion and query of the data

1-A rectification or update of the data enrolled in the informatics record of executions

may be required by the titular respect, at all time.

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2-A mention of the execution having fined with partial payment or having been extinguished, in the

terms of the points a ) and b) of paragraph 2 of the preceding Article, the application may be removed

of the debtor, as soon as this proves the fulfillment of the obligation.

3-After full payment, the registration of the finda execution is eliminated immediately and

officiously by the executing agent.

4-A The consultation of the informatics record of executions can be effected:

a) By judicial magistrate or the Public Prosecutor's Office;

b) By person capable of exercising the judicial mandate or executing agent;

c) By the holder of the data;

d) By whom it has contractual or pre-contractual relationship with the data holder or

reveal another clerk's attentive interest in the consultation, upon consent of the holder

or authorisation given by the entity indicated in the diploma provided for in the number

next.

5-The informatic record of executions is regulated in a diploma of its own.

Article 719.

Allocation of competences

1-It is up to the executing agent to effect all the representations of the executive process that do not

are assigned to the Registry or are from the jurisdiction of the judge, including,

notably, citations, notifications, publications, queries of data bases,

pentimes and their registrations, settlements and payments.

2-Even after the extinction of the instance, the executing agent shall ensure the realization

of the emerging acts of the process that are lacking in their intervention.

3-Incumbent on the registry, in addition to the competences that are specifically assigned to it

in this title, exercise the functions that are committed to it by Article 157 in the phase

liminal and in the procedures or incidents of a declarative nature, save with respect

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to the citation.

Article 720.

Agent of execution

1-The executing agent is designated by the exequent of among those registered on the official list.

2-Not having the exequent assigned the executing agent or by getting the assignment without

effect, this is done by the secretion, according to the constant scale of the official list, through

electrolytic means that guarantee randomness in outcome and equality in the

distribution.

3-A The designation referred to in the preceding paragraph is carried out from among the executing agents

enrolled or registered in the comarch or, failing that, from among those enrolled or registered

in the boreal comarches, being the executing agent notified of its designation by the

would be secretive, by means of an electrolytic means

4-Without prejudice to his removal by the organs with disciplinary competence, the agent of

execution can be replaced by the exequent, and this shall expose the reason for the

replacement; removal or replacement produce effects on the date of communication to the

execution agent, effected on the terms defined by the member of the member of the

Government responsible for the area of justice.

5-The executive representations entailing displacements whose costs prove to be

disproportionate can be effected, the request of the designated execution agent

and under your responsibility, by execution agent of the place where the act should take place or

the due diligence or, failing that, by bailofficer, under the terms of the d) of paragraph 1 of the

article 722, being the notified exequent of that circumstance.

6-The executing agent may, under his / her responsibility and supervision, promote the

realization of any material representations of the executive process that do not imply the

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seizure material of goods, the sale or payment, by employee at their service,

duly accredited by the entity with competence to scrutinize the activity of the

execution agents.

7-In the lack of special provision, the executing agent carries out the notifications of his

competency within five days and practise the remaining acts within 10 days.

8-A The execution agent designation is without effect if it declars that it does not accept it by

electrolytic means, in the terms to be defined by the porterie of the Government member

responsible for the area of justice.

Article 721.

Payment of amounts due to the executing agent

1-The fees due to the executing agent and the reimbursement of the expenses by him

effectuated, as well as the debits to third parties to which the executive sale gives rise, are

supported by the exequent, and may this claim your refund when executed in the

cases in which it is not possible to apply the provisions of Article 541.

2-A The execution does not proceed if the exequent does not pay the payment to the agent of

execution of amounts that are due for the title of fees and expenses.

3-A instance extinguishes as soon as the 30-day period has elapsed after notification of the

exequent for payment of the amounts in debt, without which this has been effected,

applying for the provisions of Article 849 (3).

4-The execution agent informs the exequent and the executed about the operations

accounting for you carried out with the purpose of ensuring compliance with the

provisions of paragraph 1, and such information shall find itself mirrored in the current account

on the process.

5-A discriminative note of fees and expenses of the executing agent of which not if

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has complained, accompanied by its notification by the executing agent to the

procedural intervener before which one intends to claim payment, constitutes

executive title.

Article 722.

Performance of duties by bail-out officer

1-In addition to what is set out in other legal provisions, it is incumbent on the officer to

justice, the realization of the appropriate representations of the competence of the executing agent:

a) In the executions in which the State is the enforceable;

b) In the executions in which the Public Prosecutor's Office represents the exequent;

c) When the judge determines it, on the grounds of application of the exequent

founded on the non-existence of execution agent enrolled in the comarch where it hangs the

execution and in the manifest disproportion of the costs that would arise from the performance of

execution agent of another comarch;

d) When the judge determines the application of the executing agent, if the

executive representations implicate displacements whose costs show

disproportionately and there is no enforcement agent in the place where it should have

place to be carried out;

e) On the executions of no more than double the court's remit of 1ª

instance in which they are exequent natural persons, and who have as

object credits not resulting from a commercial or industrial activity, since

that they request it in the executive application and pay the due rate of justice;

f) On the runs of value not exceeding the remit of the Relation, if the credit exequendo

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it is of a labour nature and if the enforceer solicits it in the executive application and

pay the due rate of justice.

2-Does not apply for the status of enforcement officer to the bail-out officer

performance of enforcement pursuant to this article.

Article 723.

Jurisdiction of the judge

1-Without prejudice to other interventions that the law specifically attributes to it, it is incumbent on the

judge:

a) Provide preliminary order dispatch, when it should take place;

b) Judging the opposition to the execution and the penhour, as well as checking and graduating the

credits, within the maximum term of three months counted from the opposition or complaint;

c) Judging, without possibility of recourse, the complaints of acts and impugations of

decisions of the implementing agent, within 10 days;

d) Decide on other issues raised by the executing agent, by the parties or by

third party actors, within five days.

2-In cases of the points c ) and d) from the previous number, can the judge apply fine to the

applicant, of value to be set between 0.5 and 5 UC, when the claim is manifestly

unjustified.

Title III

From execution to right amount payment

CHAPTER I

Of the ordinary process

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SECTION I

Introductory phase

Article 724.

Executive application

1-In the executive application, addressed to the court of execution, the exequent:

a) Identifies the parties, indicating their names, domiciles or sedes and numbers of

tax identification, and, where possible, occupations, workplaces, membership

and civil identification numbers;

b) Indicates the professional domicile of the judicial representative;

c) Assigns the execution agent or requires the realization of the executive representations

by bailofficer, pursuant to the points e) and f) of Article 722 (1);

d) Indicates the end of the execution and the form of the process;

e) It succinctly exposes the facts that substantiate the request, when they do not build

of the executive title, and may still claim the facts that substantiate the

communicability of the constant title debt signed only by one of the

spouses;

f) Formulates the application;

g) Declares the value of the cause;

h) Settles the obligation and chooses the provision, when it kayaks you, and claims to

verification of the suspensive condition, the realization or the provision of the provision

of which is dependent on the exigency of the credit exequendo, indicating or joining the

means of proof;

i) Indicates, where possible, the employer of the executed, the bank accounts of

may this be holder and the goods belonging to it, as well as the burden and charges

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that about them incident;

j) It requires the dispensation of the prior citation, pursuant to Rule 727;

k) Indicates a bank identification number, or another equivalent number, to

effect of payment of the values due to it.

2-Incumbent on the exequent, when it indicates goods to be pawned, provide the elements and

documents that it possesses and that contribute to its exact identification,

specification and location, as well as for access to the respected records.

3-When you intend the penhour of credits, you must declare yourself as much as possible to

identity of the debtor, the amount, the nature and the origin of the debt, the title of which

are listed, existing guarantees and the date of maturity; as to the right to goods

indiviss, must indicate the administrator and the comowners, as well as the quota-

part that in them belongs to the executed.

4-The executive application must be accompanied by:

a) From copy or from the original of the executive title, if the executive application is

delivered by way of electronica or on paper, respectively;

b) Of the documents that the exequent possesses with respect to the goods

penhorsible nominees;

c) From the voucher of payment of the due rate of justice or the granting of the

benefit of judicial support, pursuant to Rule 145.

5-When the execution merges in credit title and the executive application has been

delivered by electronica, the exequent must always send the original to the court,

within the 10 days subsequent to the distribution; in the lack of sending, the judge, officiously

or the application of the executed, determines the notification of the exequent to, in 10 days,

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proceed to this submission, under penalty of extinction of the execution.

6-The executive application only considers itself to be presented after the substantiation of the

payment of the amount initially due to the executing agent for honorary title

and expenditure or the granting of the benefit of judicial support, in the modality of

allocation of execution agent, as well as, where applicable, after the proving of the

payment of the consideration provided for in Article 749 (8).

7-Applying to the provisions of the preceding paragraph 5 and 6 of Article 552, with due

adaptations.

Article 725.

Refusal of the application

1-A The office would refuse to receive the application, within 10 days of the distribution,

indicating in writing the respected plea, when:

a) Do not comply with the approved model;

b) Do not indicate the end of the implementation;

c) If you check the omission of the requirements provided for in points a) , b ), d ) a h ) and k ) from the

n. 1 of the previous article;

d) The copying or the original of the executive title is not presented, according to the

provided for in paragraph a) of paragraph 4 of the preceding Article;

e) It is not accompanied by the document provided for in the c) of the Article 4 (4)

previous.

2-From the act of refusal rests with a claim to the judge, whose decision is irrecurrable, save when

merges in the lack of exposure of the facts.

3-The exequent may submit, another executive application, as well as the document

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or missing elements missing in the 10 days subsequent to the refusal of receipt or to the

notification of the court decision confirming it, considering the new application

presented on the date of the first presentation.

4-Fishing the period referred to in the preceding paragraph without having been presented another

application or the missing document or elements, extinguish the execution, being

of this notified the exequent.

Article 726.

Order liminal and citation of the executed

1-The process is conclusive to the judge for preliminary order dispatch.

2-The judge indefencates liminally the executive application when:

a) Be it manifest the lack or insufficiency of the title;

b) There are dilatory exceptions, not supratable, of officiating knowledge;

c) Merging the execution in negotiating title, be it manifest, in the face of the elements

constants of the autos, the non-existence of constitutive facts or the existence of

any impeditive or extinguishing facts of the exequinum obligation of knowledge

officious;

d) By dealing with execution based on arbitral decision, the dispute could not be

committed to the decision by arbitrators, either by being submitted, by special law,

exclusively, the court court or the arbitration required, either by the right

contested to have no heritage character and not be able to be object of transaction.

3-It is admitted to the partial dismissal, specifically as to the part of the application which

exceed the limits set out in the executive title or the subjects that are lacking

legitimacy to appear as exequents or executed.

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4-Out of the cases provided for in paragraph 2, the judge invites the exequent to supply the irregularities

of the executive application, as well as to remedy the lack of assumptions by applying,

with the necessary adaptations, the provisions of Article 6 (2).

5-Not being the addiction to supply or the lack corrected within the marked deadline, is undue the

executive application.

6-When the process should proceed, the judge proffers order citation from the executed

to, within 20 days, pay or oppose the execution.

7-If the exequent has alleged in the executive application the debt communicability

constant title divers sentence, the judge professes order of citation of the spouse

of the executed for the purposes set out in Article 741 (2).

8-When the quotation of the executed, the office would be referred to the agent of

execution, by electronic means, the executive application and the documents that the

follow up, notifying the one that you must proceed with the citation.

Article 727.

Prior citation dispensation

1-The exequent may require the attachment to be effected without the prior quotation of the

executed, provided that it is randogging facts justifying the fear of loss of the guarantee

patrimonial of your credit and offer immediate means of proof.

2-The judge, produced the evidence, waives the prior citation of the executed when it shows

justified the alleged fear of loss of the credit patrimonial guarantee by exequendo,

being the incident tramped as urgent; the fear is justified whenever, on the record

informatics of executions, consents the mention of frustration, total or partial, of previous

executive action moved against the executed.

3-Opting special difficulty in effecting it, specifically by absence of the quoting

in an uncertain part, the judge can dispense with the prior citation, the application of the exequent,

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when the delay justifies the fair fear of loss of the credit patrimonial guarantee.

4-When the prior citation of the executed has been waived, it shall apply, with the

necessary adaptations, the regime set out in Articles 856 and 858.

SECTION II

Opposition to execution

Article 728.

Opposition upon embargoes

1-The executed may object to the execution by embargoes within 20 days of the

citation.

2-When the subject matter of the opposition is super-venient, the deadline is due from the day on

that the actual respect occurs or his or his have knowledge of the executed.

3-It shall not apply to the opposition the provisions of Article 569 (2).

4-A citation of the executed is replaced by notification when, cited the one executed for the

execution of certain title, if cumule thereafter, in the same process, the execution of

another title, applying, in this case, the provisions of Article 227, duly adapted,

without prejudice to the notification to be made in the person of the mandatary, when constituted.

Article 729.

Fundamentals of opposition to sentence-based execution

Merging the execution in sentencing, the opposition can only have some of the basics

following:

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a) Inexistence or inenforceability of the title;

b) Falsity of the process or of the trasside or infidelity of this, when one or

another influx in the terms of the execution;

c) Lack of any procedural assumption that it depends on the regularity of the

executive instance, without prejudice to its supply;

d) Lack or nullity of the citation for declarative action when the defendant does not have

intervening in the process;

e) Uncertainty, unchargeability or illiquidity of the exequinum obligation, not suppressed in the

introductory phase of the implementation;

f) Case tried before the sentence that performs;

g) Any extinguishing or amending fact of the obligation, as long as it is later

to the closing of the discussion in the declaration process and prove themselves by

document; the prescription of the right or obligation can be proved by

any means;

h) Dealing with homologatory sentence of confession or transaction, any

cause of nullity or cancellability of these acts.

Article 730.

Basics of opposition to execution based on arbitral decision

Are basics of opposition to execution based on arbitral sentencing not just the

provided for in the previous article but also those in which it may be based on judicial cancellation

of the same decision, without prejudice to the provisions of Article 48 (1) and 2 of the Law of the

Voluntary Arbitration.

Article 731.

Basics of opposition to execution based on another title

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Not basing the execution in sentence or in an injunction application to which it has

been bets enforceable formula, in addition to the opposition fundamentals specified in the article

729., in the part where they are applicable, any others may be alleged to be able

be invoked as a defence in the declaration process.

Article 732.

Terms of the opposition to the implementation

1-The embargoes, which are to be autuised by apenso, are liminally undue

when:

a) Have been deducted outside the deadline;

b) The plea does not adjust to the provisions of Articles 729 to 731;

c) They are manifestly improceeded.

2-If the embargoes are received, the exequent is notified to contest, within the

deadline of 20 days, following, without further articulation, the terms of the common process

declarative.

3-The lack of contestation applies to the provisions of Article 567 (1) and Article 568,

not considering, however, confessed to the facts that are in opposition with the

expressly claimed by the exequent in the executive application.

4-A The provenance of the embargoes extinguishes the execution, in whole or in part.

5-In addition to the effects on the executive instance, the decision of merit handed down in the

embargoes on the implementation constitutes, in the general terms, case judged as to the existence,

validity and exigency of the exequinum obligation.

Article 733.

Effect of the receipt of the embargoes

1-The receipt of the embargoes only suspends the continuation of the execution if:

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a) The embargoer provide collateral;

b) Dealing with execution founded on particular document, the embargoer has

impugned the genuineness of the signature respect, presenting document that

constitutes proof principle, and the judge understands, heard the embargoed, that if

justifies the suspension without provision of collateral;

c) Has been impugned, in the context of the opposition deducted, the exigency or the

settlement of the obligation exequale and the judge consider, heard the embargoed, which

is warranted for suspension without provision of collateral.

2-A suspension of execution, enacted after the quotation of creditors, does not cover the apenso

of verification and graduation of the credits.

3-A suspended execution proceeds if the embargoes are stopped for more than 30

days, for negligence of the embargoer in furthering its terms.

4-When the embargoed execution continues, neither the exequit nor any other creditor

can get payment, pending the embargoes, without providing collateral.

5-If the well-pawn is the effective housing house of the embargoer, the judge may, the

application from that, determine that the sale awaits the decision handed down in 1.

instance on embargoes, when such a sale is susceptible to causing serious injury and

hardly repairable.

6-When collateral is provided in accordance with paragraph 1, applies, with the necessary

adaptations, the provisions of paragraph 3 and in Article 650 (4).

Article 734.

Rejection and improvement

1-The judge may know officiously, until the first act of transmission of the goods

pawned, of the issues that they could have determined, if appreciated under the terms of the

article 726, the preliminary injunction or the refinement of the executive requirement.

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2-Rejected the execution or not being the addiction to supply or the lack corrected, the execution

extinguish, in whole or in part.

SECTION III

Penhora

SUBSECTION I

Goods that can be pawned

Article 735.

Object of the execution

1-Are subject to the execution all the goods of the susceptible debtor of penhora which, in the

terms of the substantive law, respond by the exequinating debt.

2-In cases specially provided for in the law, third party goods may be penned, provided

that the execution has been moved against it.

3-A the penhour is limited to the goods required for the payment of the exequinum debt and the

foreseeable expenditure of the execution, which they presume, for the purpose of realization of the

attachment and without injury of ulterior settlement, in the value of 20%, 10% and 5% of the value of the

execution, consonant, respectively, this kayba on the winged of the court of the comarch, the

exceeds, without exceeding the value of four times the remit of the Court of Relation, or is

higher than this last value.

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Article 736.

Absolute or fully impawable goods

They are absolutely impawable, in addition to the goods free of penhora per disposition

special:

a) The inalienable things or rights;

b) The goods of the public domain of the State and the remaining collective persons

public;

c) The objects whose apprehension is offensive of the good customs or lack of

economic justification, for its diminution of venal value;

d) The objects specially intended for the exercise of public worship;

e) The tombs;

f) The indispensable tools for the disabled and the objects intended for the

treatment of patients.

Article 737.

Relatively impahorable goods

1-Are exempt from penhora, save by addressing execution for payment of debt with

real guarantee, the goods of the State and of the remaining public collective persons, of entities

dealerships of public works or utilities or of utility collective persons

public, who find themselves especially affected to the realization of usefulness

public.

2-They are also exempt from penhora the instruments of works and the objects

indispensable to the exercise of the activity or professional training of the executed, unless

if:

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a) The executed will indicate them for penhora;

b) The execution is intended for the payment of the price of your purchase or the cost of the

your repair;

c) Are pawned as tangible elements of an establishment

commercial.

3-Are still exempt from pening the goods that are indispensable to any domestic economy

who find themselves in the effective housing of the executed, save when it comes to

execution intended for payment of the price of the respect acquisition or the cost of your

repair.

Article 738.

Partially sizzable goods

1-It is impending two thirds of the net part of salaries, salaries, benefits

periodicals paid for the title of retirement or any other social regalia, safe,

compensation for accident, lifetime income, or benefits of any nature that

ensure the livelihoods of the executed.

2-For the purpose of clearance of the net portion of the benefits referred to in the preceding paragraph,

only legally mandatory discounts are considered.

3-A The impenhorability prescribed in paragraph 1 has as the maximum limit the amount

equivalent to three national minimum wages at the date of each seizure and as a limit

minimum, when the executed does not have another income, the amount equivalent to a

national minimum wage.

4-The provisions of the preceding paragraphs do not apply when the credit exequendo is from

food, in which case it is impawable the amount equivalent to the whole pension

social of the non-contributory scheme.

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5-In the penhour of cash or bank balance, it is impawable the global value

corresponding to the national minimum wage or, dealing with the obligation of food, the

predicted in the previous number.

6-Ponderados the amount and nature of the credit exequendo, as well as the needs

of the executed and his household, can the judge, excecionally and the application

of the executed, reduce, by period that it considers reasonable, the pawning portion of the

income and even, for a period of not more than one year, exempt them from the penalty.

7-It is not cumulable the impencibilities provided for in paragraphs 1 and 5.

Article 739.

Impenhorability of pecuniary amounts or bank deposits

They are impending the amount in cash or the bank deposit resulting from satisfaction

of impawable credit, on the same terms in which the was the credit originarily

existing.

Article 740.

Pains of common goods in execution moved against one of the spouses

1-When, in execution moved against one of the spouses, they are pawned goods

common of the couple, for not getting to know enough property of the executed, is the

spouse of the executed quoted to, within 20 days, apply for the separation of goods or

join certifying proof of the pendency of action in which the separation has already been

required, under penalty of the execution proceeding on the common goods.

2-Appoint the separation application or joins the certificate, the execution is suspended until

to the sharing; if, by this, the pawned goods did not fit into the executed, they may be

pawned others who have fit you, remaining the previous penhour until the new

seizure.

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Article 741.

Incident of communicability aroused by the exequent

1-Movida execution only against one of the spouses, the exequent can claim

fundamentedly that the debt, constant title divers, is common; the

allegation may take place in the executive application or up to the beginning of the representations to

sale or award, and shall, in this case, appear in an autonomous application,

deducted under the terms of Articles 293 to 295 and earned by apenso.

2-In the case provided for in the preceding paragraph, it is the spouse of the executed quoted for, on the deadline

of 20 days, declare whether to accept the debt communicability, based on the foundation

alleged, with the comination that, if nothing says, the debt is considered common, without

prejudice to the opposition that against it deducts.

3-The non-executed spouse may challenge the debt's communicability:

a) If the claim provided for in paragraph 1 has been included in the executive application, in

opposition to the execution, when intending to deduce, or in an articulate of its own,

when it does not intend to oppose the execution; in the first case, if the receipt of the

opposition not to suspend execution, can only be penned goods

common of the couple, but their sale awaits the decision to profer on the issue

of the communicability;

b) If the claim provided for in paragraph 1 has been deducted in an autonomous application,

in the opposition's respect.

4-A The deduction of the incident provided for in the second part of paragraph 1 determines the suspension of the

sale, either of the own goods of the spouse executed that already show pawned,

want of the common goods of the couple, which awaits the decision to utd, keeping up

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however the penhour has already been carried out.

5-If the debt is deemed to be common, the execution proceeds also against the spouse not

Executed, whose own goods may be in it subsidiary penned; if, before

of the penhour of the common goods, have been pawned own goods from the executed

initial, may this require the substitute for replacement.

6-If the debt is not deemed to be common and has been pawned common goods of the

couple, the spouse of the executed must, within 20 days after the transit on trial of the

decision, apply for separation of goods, or attach proof of proof of the pendency of the

action in which the separation has already been required, under penalty of the execution proceeding

on the common goods, applying, with the necessary adaptations, the provisions of paragraph 2

of the previous article.

Article 742.

Incident of communicability aroused by the executed

1-Movida execution only against one of the spouses and pawned own goods of the

Executed, can this, in opposition to the penhora, bashfully claim that the debt,

sentence-diverse title constant, is common, as soon as the goods

common that can be pawned, in which case the non-executed spouse is cited in the

terms and to the effects of paragraph 2 of the previous article.

2-Oposing the exequent or being impugned by the spouse the communicability of the

debt, the matter is resolved by the judge in the context of the incident of opposition to the penhora,

suspending the sale of the own goods from the executed and applying still the

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provisions of paragraphs 5 and 6 of the previous article, with the necessary adaptations.

Article 743.

Penhora in case of communion or comownership

1-Without prejudice to the provisions of Article 781 (4), in the execution moved only against

any or some of the conholders of autonomous or good indivist heritage, they cannot

be pawned the goods understood in the common heritage or a fraction of

either of them, nor a specified part of the indivist good.

2-When, in diverse executions, they are pawned all the quinlions in the heritage

autonomous or all rights on the indiviso good, a single sale is carried out, in the

scope of the process in which the first attachment is effected, with further division

of the product obtained.

Article 744.

Goods to be pawned in the execution against the heir

1-In the runoff execution against the heir can only pawn the goods he has

received from the author of the inheritance.

2-When the penhour reapes on other goods, the executed, indicating the assets of the inheritance

which has in its power, may require the executing agent the lifting of that,

being the served request if, heard the exequent, this one does not object.

3-Opposing the exequent to the lifting of the penhora, the executed one can only get it,

having the inheritance been accepted pure and simply, as long as it alegues and proves before the

judge:

a) That the pawned goods did not come from inheritance;

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b) Who has not received from inheritance more goods than those who have indicated or, if

received more, that the others were all applied to solver charges from her.

Article 745.

Subsidiary penhorability

1-In the execution moved against subsidiary debtor, they cannot pawn the assets of this,

as long as they are not excubed all the goods of the main debtor, as long as the

subsidiary debtor mercilessly invokes the benefit of the excussion, on the deadline to be

refers to Article 728 (1).

2-Instapels the execution only against the subsidiary debtor and invoking this the benefit

of the preview, may the exequent apply for, in the process itself, execution against the

principal debtor, who will be cited for full payment.

3-If the execution has been moved only against the principal debtor and the goods of this se

reveal insufficient, may the exequent require, in the same process, execution

against the subsidiary debtor, who will be cited for payment of the remnant.

4-Having the goods of the principal debtor been excubed in the first place, can the debtor

subsidiary make suspending the execution on its own goods, indicating debtor goods

main that hajam was later acquired or were not known.

5-When the liability of certain goods by the debt exequale depends on the

verification of the lack or insufficiency of others, may the exequent promote soon to

Attachment of the goods that respond to the debt subsidiary, as long as it demonstrates the

manifest insufficiency of those that by it should respond to the priority.

Article 746.

Penhour of goods loaded on ship

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1-Even though the ship is already dispatched for travel, the penalty of merchandise is

loaded, can be allowed to flush if the lender satisfies the freight by whole

in debt, the expenses of cargo, stowage, untidy, overlapped and unloading or

provide collateral to the payment of such expenses.

2-It is considered dispatched for travel the ship as soon as it is in power of the respect

captain the landed past by the captaincy of the port.

3-Offer the collateral, about your idoneity is heard the captain, which about this se

pronounce, within five days.

4-Authorised the discharge, is the respect-averaging in the knowledge belonging to the

captain and communicates the fact to the captaincy of the port.

Article 747.

Seizure of goods in power of third party

1-The assets of the executed are seized yet, by any title, find themselves in

third-party power, without prejudice, however, of the rights that this is lawful to oppose the

exequent.

2-In the act of seizure, it checks whether the third party has the goods in its power by way of

pledge or right of retention and, if so, proceed immediately to your

citation.

3-When the citation referred to in the preceding paragraph shall not be made regular and

immediately is annotated the domicile for effect of later citation.

SUBSECTION II

General provisions

Article 748.

Consultation and prior representations to the penhour

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1-A The office notifies the executing agent that he must initiate the representations to

pahour:

a) After delivered dispatch that dispense with the prior citation of the executed;

b) After the deadline of opposition to the implementation has elapsed without this having been

deduced;

c) After the presentation of opposition that does not suspend the execution;

d) After being dismissed as unfounded the opposition that has suspended the

execution.

2-The executing agent begins by consulting the informatics record of executions.

3-When against the run has been moved run, finished in the last three

years, without full payment and the exequent there is no penable goods indicated in the

executive application, the enforcement officer shall immediately initiate the representations

seeking to identify pawable goods under the following article; in case those if

frustrain, is its result communicated to the exequent, extinguishing itself the execution if this

do not indicate, in 10 days, which concrete goods you want to see pawn.

4-If the extinction of the execution does not occur, the executing agent enrolled in the register

informatics of executions the data referred to in Article 717 (1) and proceeds with the

prior representations to the penhora.

Article 749.

Prior representations to the penhour

1-A the realization of the penhora is preceded by the representations that the executing agent considers

useful to the identification or location of pawable goods, noted the provisions of paragraph 2

of Article 751, to be carried out within a maximum period of 20 days, proceeding this, where

necessary, to the consultation, in the databases of the tax administration, of security

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social, the conservatory of the predial, commercial and automotive register and other registrations

or similar files, of all the information about the identification of the executed

from these services and on the identification and location of your assets.

2-The information on the identification of the executed referred to in the preceding paragraph only

include:

a) The name, the tax identification number and the tax domicile relatively to the

databases of the tax administration;

b) The name and numbers of civil identification or beneficiary of security

social, in relation to the databases of the conservatory of the predial register,

commercial and automotive and other similar or similar records or archives

social security, respectively.

3-A direct consultation by the executing agent to the databases referred to in paragraph 1 is effected

in terms to be defined by the porterie of the Government member responsible for the area of

justice and, when it is in question concerning the administration's databases

tax or social security, must be approved equally by the members of the

Government responsible for the areas of finance or social security, respectively,

in accordance with the requirements demanded by the State Electrophic Certification System

-Public Key Infrastructure.

4-A regulations referred to in the preceding paragraph shall specify, in relation to each

consultation, the achievement and the conservation of data concerning the date of the consultation and the

identification of the respected executive process and the consulting enforcement agent.

5-When it is not possible for the electrolytic access, by the executing agent, to the elements

on the identification and location of the assets of the executed, the services referred to in the n.

1 must provide them through the most stem-cell and within 10 days.

6-For the purposes of hanging bank deposits, the Bank of Portugal makes available by

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electronica to the executing agent information about the institutions legally

authorized to receive deposits in which the executed holds accounts or deposits

banking.

7-A consultation of other statements or other elements protected by tax secrecy,

as well as from other data subject to confidentiality regime, it is subject to

judicial dispatch of authorization, applying Article 418 (2), with the necessary

adaptations.

8-Only in cases where the exequent is a commercial society that has given

entry into a court, judicial clerks or counter, in the previous year, at 200 or more

cautionary arrangements, actions, procedures or executions, a remuneration is due

by the services provided in the identification of the executed and the identification and location

of your goods, to public and private institutions that provide collaboration with the execution

pursuant to this article, and constitutes charge, in the terms and for the effects of the

Regulation of Procedural Costs.

Article 750.

Subsequent representations

1-If no moisable goods are found within three months of the

notification provided for in Article 748 (1), the enforcement officer notifies the exequent

to specify which goods you intend to see pawned in the execution;

simultaneously, it is notified of the executed to indicate goods to the penhora, with the

comination that the omission or false statement matters its subjection to sanction

compulsory pecuniary, in the amount of 5% of the debt to the month, with the minimum limit

global from 10 UC, if subsequent renewal of the executive instance occurs and there ascertains

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existence of pawable goods.

2-If neither the exequent nor the executed indicted pawable goods within 10 days,

extinguish-if no longer the execution.

3-In the case provided for in paragraph 1, when the execution begins with citation dispensation

prior, the executed is quoted; if the exequent does not indicate pawable goods, having-

frustrated the personal citation of the executed, there is no place to his edital quotation of this and

extinguish the execution in the terms of the previous number.

Article 751.

Order of realization of the penhour

1-A penhour starts for the goods whose pecuniary value is of the easiest achievement and if

show appropriate to the amount of the credit of the exequent.

2-The executing agent shall respect the indications of the exequent on the goods which

intends to see as a priority pawn, unless they violate imperative legal norm,

either offend the principle of the proportionality of the penhora or infringe manifestly

the rule set out in the preceding paragraph.

3-Even if it does not suit, by excess, the amount of the credit exequendo, it is admissible

the attachment of immovable property or the commercial establishment provided that:

a) The penhour of other goods presumably does not allow full satisfaction

of the creditor within 12 months, in the event that the debt does not exceed half of the

value of the court's remit of first instance and the real estate is housing

own permanent of the executed;

b) The penhour of other goods presumably does not allow full satisfaction

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of the creditor within 18 months, in the event that the debt exceeds half the value

of the winged of the court of first instance and the immovable is the dwelling of its own

permanent of the executed;

c) The penhour of other goods presumably does not allow full satisfaction

of the creditor within six months, in the remaining cases.

4-A penhour may be reinforced or replaced by the executing agent on the following

cases:

a) When the executed requires the executing agent, at the time of the opposition to the

penhora, the replacement of the pawned goods by others that equally

ensure the purposes of the implementation, provided that this does not object to the enforceable;

b) When it is or becomes manifest the insufficiency of the pawned goods;

c) When the pawned goods are not free and disembarkable and the executed

have others who are;

d) When they are received third party embargoes against the penhora, or be the

execution on the suspended goods by opposition to this deducted by the executed;

e) When the exequent desist of the penhour, by about the pawned goods focus

previous pentime;

f) When the subsidiary debtor, not previously cited, invokes the benefit of the

excussion preview.

5-In cases provided for in paragraph a ) of the previous number in which you check opposition to the

Penalty, the enforcement officer refers the application and the opposition to the judge, for decision.

6-In case of replacement, and without prejudice to the provisions of Article 745 (4), only after

of the new attachment is raised to which focuses on the substituted goods.

7-The executed who object to the execution may, in the act of the opposition, apply for the

replacement of the penhour by the idopian collateral that also guarantees the purposes of the execution.

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Article 752.

Goods burdened with real guarantee and indivism goods

1-Executing debt with real guarantee that runs assets belonging to the debtor, the

attachment starts by the goods on which is incited the warranty and can only relapse in others when

recognise themselves to their insufficiency to get the end of the run.

2-When the penhour of quinlion in autonomous heritage or law on well

indiviso allow the use of the mechanism of Article 743 (2) and this is convenient

for the purposes of the execution, the penhour starts for that good.

Article 753.

Realization and notification of the penhour

1-From the penhora wash self, model constant approved by member of the member of the

Government responsible for the area of justice.

2-The executing agent notifies the executed of the realization of the penhora in the act itself, if

he is present, cautioning him of the possibility of deducting opposition, with the

grounds provided for in Article 784, and of the period of which, for this, it has delivered-

the copy of the auto de penhora.

3-The executed is still cautioned that, within the Opposition period and under penalty of being

doomed as a litigant in bad faith, must state the rights, burden and charges not

registrants who fall back on the pawned goods, as well as the titular respects or

beneficiaries; it is still communicated to you that you may apply for the replacement of the goods

pawn or the replacement of the penhour by collateral, under the conditions and in the terms of the

provisions of the paragraph a) of paragraph 4 and in Article 751 (5).

4-If the executed is not present in the act of the penhora, your notification takes place in the

five days later to the realization of the penhora.

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Article 754.

Duty of information and communication

1-The enforcement officer has a duty to provide all the clarifications that are to him

requests by the parties and respects mandators, by incumbent on it, in particular:

a) To inform the exequent of all the representations effected, as well as the reasons

of the frustration of the penhora;

b) Provide for the immediate averaging in the process of all the acts of

pahour that there is realized.

2-The information and communications referred to in the previous number are effectuated

preferentially by electronic means, after the realization of each stage or the

knowledge of the reason for the frustration of the penhora.

SUBSECTION III

Penhour of real estate

Article 755.

Realization of the penhour of real estate

1-A penhour of real estate takes place by electronical communication of the agent of

run to the competent registration office, which is worth as a request for registration, or with

the presentation in that declaration service by it subscribed.

2-Inscribed the penhour and observed the provisions of paragraph 5, is sent or made available by way of

electro, the executing agent, make sure of the records in force on the buildings

pawned.

3-Hereinafter, the executing agent lavish the attachment auto and proceeds to the affixing, in the

door or in another visible location of the pawned real estate, of an edital, model constant

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approved by portaria of the member of the Government responsible for the area of justice.

4-The provisional record of the penhora shall not preclude the execution from continuing, not by

adjudication of the pawned goods, the judicial consignment of their income or the

respect for sale without the registration if there is a definite convert, and the judge of the

execution, weighted the motives of the provisoriety, decide that the execution does not

proceed, if before he the issue is raised.

5-The attachment of the penhour has urgent nature and matters the immediate feading of the records

previously required on the well-pawned.

Article 756.

Depositary

1-It is constituted depositary of the goods the executing agent or, in cases where the

enforcement representations are carried out by bailable officer, person by this designated,

unless the enforceer consents to be the custodian of the executed himself or another person

designated by the executing agent or any of the following circumstances occur:

a) The well-pawn constitute the effective house of housing of the executed, case in

which is this the depositary;

b) The well being leased, in which case it is depositary the lessee;

c) The good to be the object of right of retention, as a result of default

judicially verified contractual, in which case it is depositary the retainer.

2-Being the same building leased to more than one person, chooses from among them the

depositary, which proceeds from the collection of the rents of the other tenants.

3-Without prejudice to the provisions of Article 779 (3) and (4), rents in cash are

deposited in an institution of credit, to the order of the executing agent or, in cases in

that the enforcement representations are carried out by bail-out officer, from the registry, to the

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measure that they win or cover themselves.

Article 757.

Effective delivery

1-Without prejudice to the provisions of paragraphs 1 and 2 of the preceding Article, the depositary shall take

effective possession of the real estate.

2-When it is opposite some resistance, or there is justified fear of opposition from

resistance, the executing agent can directly request the aid of the authorities

police officers.

3-The executing agent can, still, directly solicit the aid from the authorities

police officers in cases where the door burglary and replacement of the

lock to effect the possession of the immovable, washing self from the occurrence.

4-When the due diligence should be made at home inhabited or in a dependance

closed, can only be carried out between 7 and 21 pm, and the implementing agent shall

deliver copy of the auto of the penhora to whoever has the availability of the place in which the

diligence takes place, which you can watch the due diligence and make yourself follow up or replace

per person of his or her trust who, without delonga, presents himself on the spot.

5-The police authorities who provide aid pursuant to this Article shall be due

remuneration for the services provided, in the terms of the porterie of the members of the

Government responsible for the areas of internal administration and justice, which fixes,

also, the modalities of aid to be adopted and the procedures for cooperation between

the judicial services and the security forces, particularly as to the communications to

make preferentially by electronical pathway.

6-A remuneration referred to in the preceding paragraph shall constitute a charge for the effects of the

Regulation of Procedural Costs.

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Article 758.

Extension of the penhora-Penhour of fruit

1-A penhora covers the building with all its integral parts and its fruits,

natural or civil, provided that they are not expressly excluded and no privilege

exist about them.

2-Pending fruits can be pawn separately, such as mobile stuff,

provided that it does not fail more than a month for the normal harvest season; if so

succeeding, the building's penhour does not cover them, but can be again pawned

separately, without prejudice to the previous penhour.

Article 759.

Division of the pawned building

1-When the pawned real estate is divisible and its value clearly exceeds that of the

outstanding debt and claim claims, the executed may require the judge

authorization to proceed to its fractionation, without prejudice to the continuation of the

execution.

2-Listen to those interested, the judge authorizes that to proceed to the fractionation of the immovable and

by lifting the penhora on some of the real estate resulting from the split, when

check manifold sufficiency of the value of the remaining to the satisfaction of the credit of the

exequent and the claimant creditors and the expense of the execution.

Article 760.

Administration of the deposited goods

1-In addition to the general duties of the depositary, it is incumbent upon the judicial custodian to owe the duty of

administer the goods with the diligence and zeal of a good parent of family and with the obligation

of accountability.

2-In the lack of agreement between the exequent and the executed on the way of exploiting the goods

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pawned, the judge decides, heard the depositary and made the necessary representations.

3-The executing agent can soccur, in the administration of the goods, of collaborators,

who act under their responsibility.

Article 761.

Removal of the depositary

1-A The application of any person concerned, or on the initiative of the executing agent, is

removed the depositary who, not being the executing agent, cease to comply with the

duties of your office.

2-The depositary is notified to respond, observing the provisions of Articles 292 to

295.

3-The depositary may ask for escuses from the office, occurring reason served.

Article 762.

Conversion of the arrest in penhora

When the goods are arrested, converse the arrest in penhora and do so on the record

predial the averaging respect, applying the provisions of Article 755.

Article 763.

Lifting of penhora

1-The executed may require the executing agent the lifting of the penhora if, by

act or omission other than your responsibility, do not be effected any

representations to the realization of the effective payment of credit in the previous six months

to the application.

2-A penhour only is raised finthan the complaint period of the decision of the agent of

execution or carried out on trial the court decision that determined it, respectively.

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3-Raised the hanging in the terms of the previous figures, are imputed to the exequent

the expense to which it gave cause.

4-Any creditor, whose credit is due and has been claimed to be paid by the

product of the sale of the pawned goods, can replace itself with the exequent in the practice of the

act that he has neglected as long as they have spent three months on the beginning of the

negligent acting of the exequent and while not required the lifting of the

pahours.

5-In the case referred to in the preceding paragraph, it applies, with the necessary adaptations, paragraph 3

of Article 850 until the exequent takes back the normal practice of executive acts

subsequent.

SUBSECTION IV

Penhour of mobile goods

Article 764.

Penhour of mobile things not subject to registration

1-A penhour of mobile things not subject to registration is carried out with the effective seizure

of the goods and their immediate removal for deposit, assuming the executing agent who

carried out the diligence the quality of faithful depository.

2-There will be no place for removal if the nature of the goods is incompatible with the deposit, if

the removal involves a substantial devaluation of the goods or their unutilisation, or if

the cost of the removal is greater than the value of the goods; in such a case, a must

detailed description of the goods and, where possible, to the imposition of some sign

distinctive in the goods themselves, by staying the executed as a depositary.

3-Presume-if they belong to the executed the goods found in their power, but, made a

penhora, the presumption can be eluded before the judge, either by the executed or by someone

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404

on their behalf, or by third party, upon unambiguous documentary proof of the right to

third on them, without prejudice to the faculty of deduction of third party embargoes.

4-When, for the realization of the penhora, it is necessary to force the entry into the domicile of the

run or of third party, as well as when there is a justified fear that such if

check, the provisions of paragraphs 2 a to 6 of Article 757 apply.

5-The money, the credit papers, the stones and the precious metals that are seized

are deposited in an institution of credit, to the order of the executing agent or, in cases

in which the enforcement representations are carried out by bailable officer, of the registry.

Article 765.

Cooperation of the exequent in the realization of the penhour

1-The exequent can cooperate with the executing agent in the realization of the penhora,

providing the means necessary for the seizure of mobile things.

2-The expenses demonstrably supported with the cooperation referred to in the number

previous shall enjoy the guarantee provided for in Article 541.

Article 766.

Auto de penhora

1-From the penhora wash self, in which the time of the due diligence is recorded, the goods relate

by numbered appropriations and indicates, where possible, the approximate value of each

money.

2-The value of each appropriation is set by the executing agent to whom the achievement of the

attachment, which you can draw upon the help of an expert in the case of assessment that depends

of expertise.

3-If the penhour cannot be completed in one day, the imposition of stamps on the

doors of the houses in which the unrelated goods are found and take up the

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necessary arrangements for your guard, in terms of the due diligence on a regular basis

on the 1 th business day.

Article 767.

Obstacles to the realization of the penhour

1-If the executed, or who represents the dam, refuses to open any doors or furniture, or

if the house is deserted and the doors and furniture find themselves closed, the

provisions of Article 757.

2-The executed or the person who conceal something with the end of subtracting it to the penhour

becomes subject to the sanctions corresponding to the litigation of bad faith, without prejudice to the

criminal liability in which it may incur.

3-The executing agent who, in the act of the penhora, suspects the evegation, urges by

presentation of the hidden things and warns the person of the responsibility in which it incurs

with the fact of concealment.

Article 768.

Penhour of mobile things subject to registration

1-The penhour of moving things subject to registration applies, with due adaptations, the

provisions of Article 755.

2-A penhour of motor vehicle may be preceded by immobilization of this,

specifically by the imposition of stamps or immobilisers; if so succeeding, the

electronic communication of the penhora shall be carried out by the end of the first working day

next.

3-After the attachment and immobilization shall be carried out:

a) To the seizure of the vehicle identification document, if necessary by

administrative or police authority, according to the regime established in

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special legislation;

b) To the removal of the vehicle, on the prescribed terms in special legislation, save if the

execution agent understand that removal is unnecessary for the safeguard

of the good or is manifestly onerous with respect to the credit exequendo.

4-A penhour of ship dispatched for travel is followed by notification to captaincy, to

that this apprehends the respects documents and prevents the way out.

5-A aircraft penhour is followed by notification to the operations control authority

from the place where she finds herself stationed, to which it is up to apprehend the respects

documents.

Article 769.

Way to make navigating the ship pawn

1-The pendant ship depository can make it sail if the executed and the exequent

are in agreement and precede judicial authorization.

2-Redear to authorisation, are notified those interested, if they have not already given

their assentiment, to respond in five days.

3-If permission is granted, it is warned, by offending, the captaincy of the port.

Article 770.

Mode of any creditor making sail the pendant ship

1-regardless of agreement between the exequent and the executed, can the one, or

any of the creditors with warranty on the pawned vessel, require that this

continue to sail until it is sold, provided that you pay collateral and make the usual insurance

against risks.

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2-A The surety shall ensure the other claims that are warranted on the ship

pawned and the expense of the process.

3-About the suitability of the surety and the sufficiency of the insurance are heard the captain of the ship and

the holders of the credits that it fulfils acautelar.

4-If the application is deinjured, it is the vessel delivered to the applicant, which is in the position of

depositary, and gives you knowledge of the fact to the captaincy of the port.

Article 771.

Duty of presentation of the goods

1-When requested by the executing agent, the depositary is obliged to present the

goods that you have received, save the provisions of the previous articles.

2-If the depositary does not present the goods it has received within five days and not

justify the lack, is soon ordered by the judge arrest in sufficient depositary goods

to guarantee the value of the deposit and the expense and increased expenses, without prejudice to

criminal procedure.

3-In the case referred to in the preceding paragraph, the depositary is, at the same time, executed, in the

own process, for the payment of the value of the deposit and the expense and expenses

increased.

4-The arrest is raised as soon as the payment is made, or the goods presented,

increased from the deposit of the amount of expense and expenses, which is immediately calculated.

Article 772.

Application of the provisions relating to the penhour of real estate

It shall apply, in a subsidiary, to the attachment of movable property the willing, in the previous subsection,

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for the penhour of real estate.

SUBSECTION V

Penhour of rights

Article 773.

Penhour of credits

1-A penhour of credits consists of the notification to the debtor, made with the formalities of the

personal citation and subject to the scheme of this, of which credit is to the order of the agent of

execution.

2-Cumpre to the debtor to declare whether the credit exists, what guarantees accompany it,

where the date is due and any other circumstances that may be of interest to the

execution.

3-You may not be effected in the act of the notification, the statements referred to in the number

previous are provided in writing to the executing agent, within 10 days.

4-If the debtor nothing says, it is understood that he acknowledges the existence of the obligation, in the

terms of the indication of the credit to the penhora.

5-If consciously lacking the truth, the debtor incurs the responsibility of the litigant

of bad faith.

6-The enforceable, the executed and the claimant creditors may apply for the judge to practise,

or the authorization for the practice, of the acts that are afflicted indispensable to the conservation

of the right of credit pawned.

7-If the credit is guaranteed by pawn, it makes apprehension of the object of this, applying

the provisions relating to the penhour of moving things, or the transfer of the right

for the execution; if it is secured by mortgage, it is made in the register the averaging of the

pahours.

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Article 774.

Penhour of credit securities

1-A attachment of rights incorporated in securities and securities securities

not covered by Article 780 (14) is carried out by the seizure of the title,

by ordering yet, where possible, the averaging of the burden resulting from the

pahours.

2-If the right emboded in the title is compelling nature, it is still fulfilled

willing about the penhour of credit rights.

3-The seized credit securities are deposited in a credit institution, to the order of the

execution agent or, in cases where the enforcement representations are carried out by

bail-out officer, from the registry office.

Article 775.

Terms to be followed when the debtor denies the existence of the credit

1-If the debtor contesting the existence of the credit, the exequent and the

executed to address, within 10 days, the enforceable shall declare if

keeps the penhour or give up on it.

2-If the exequent holds the hose, the credit becomes considered litigation and as such

will be awarded or transmitted.

Article 776.

Terms below when the debtor alegue that the obligation is dependent on

provision of the executed

1-If the debtor declares that the exigency of the obligation depends on the provision to effect

by the executed and this one confirming the statement, the executed is notified to satisfy the

provision within 15 days.

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2-When the executed does not comply, may the exequent or the debtor require the

compliance, promoting the enforcement respect. It may also the exequente replace-

if performing in the instalment, by staying in this case sub-rogated in the rights of the debtor.

3-If the executed impugn the debtor's statement and it is not possible to make a cessation of the

divergence, it is observed, with the necessary modifications, the provisions of the previous article.

4-In cases referred to in paragraph 2, the provision may be required in the same execution and without

need for citation of the executed, serving as an executive title to his statement of

recognition of the debt.

Article 777.

Deposit or delivery of due delivery

1-As soon as the debt expires, the debtor that there is no contest is obliged to:

a) To deposit the respective importance in an institution of credit to the order of the agent

of execution or, in cases where the enforcement representations are carried out

by bail-out officer, of the secretarship; and

b) To present the filing of the deposit or to deliver the thing due to the agent of

execution or the secretary-office, which functions as its depositary.

2-If the credit is already sold or awarded and the acquisition has been notified to the

debtor, the installment is delivered to the acquirer's respect.

3-Not being fulfilled the obligation, may the exequent or the purchaser require, in the

own autos of the execution, the provision, serving as an executive title the declaration of

acknowledgement of the debtor, the notification effected and the lack of declaration or the title of

acquisition of credit.

4-Check-in, as opposed to the implementation, in the case of Article 773 (4), that credit

did not exist, the debtor responds for the damage caused, in the general terms, settling down

your responsibility in the opposition itself, when the exequent makes it worth in the

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contesting the right to compensation.

5-The provisions of paragraphs 3 and 4 of Article 779 shall apply, with due adaptations.

Article 778.

Penalty of rights or expectations of acquisition

1-To the penalty of rights or expectations of acquisition of goods determined by the

performed applies, with the necessary adaptations, the precept in the articles

background about the penhour of credits.

2-When the object to acquire it is a thing that is in the possession or detention of the

performed, it is further complied with in the articles referring to the attachment of real estate or

of furniture, as per the case.

3-Consumed the acquisition, the penhour passes the focus on the very well conveyed one.

Article 779.

Attachment of rents, allowances, maturities or salaries

1-When the penhour reapes on rents, allowances, salaries, salaries or other

periodontal income, is notified the lessee, the employer or the entity that the

must pay to make it, in the amounts due, the discount corresponding to the credit

pawned and proceed to the deposit at credit institution.

2-The deposited amounts are left to the order of the executing agent or, in cases where the

enforcement representations are carried out by bailable officer, of the registry, keeping up

unavailable until the expiry of the deadline for the opposition of the executed, should this if not

opponent, or, otherwise, even to the traffic on trial of the decision that on it recapes.

3-Fishing the term of opposition, if this has not been deducted, or judged the opposition

improcedent, and there are other pawable goods, the executing agent, after

discounted the amount relating to expenditure for implementation referred to in Article 735 (3):

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a) Delivery to the exequent the amounts already deposited, which do not guarantee credit

claimed;

b) Adjured the vincened amounts, notifying the paying entity to deliver them

directly to the exequent.

4-Fishing the term of opposition, if this has not been deducted, or judged the opposition

improcedent, if no other pawable goods are identified, the agent of

implementation, after securing the payment of the amounts due to it by title

of fees and expenses:

a) Delivery to the exequent the amounts already deposited that do not guarantee credit

claimed;

b) Adjured the vincened amounts, notifying the paying entity to deliver them

directly to the exequent, extinguishing the execution.

5-In cases provided for in the preceding paragraph the exequent may apply for the renewal of the

instance for satisfaction of the remnant of your credit, applying for the provisions of paragraph 4

of Article 850.

Article 780.

Hangs of bank deposits

1-A penhour that is incited on existing deposit in legally authorised institution to

receive it is done by electronic communication carried out by the executing agent at

institutions lawfully authorized to receive deposits in which the executed

of open account, with express mention of the process, applying the provisions of the

the following numbers and in Article 417 (1).

2-The executing agent communicates, by way of electronicity, to the credit institutions referred to

in the previous number, that the existing balance, or the share of the executed in that balance

is blocked from the date of dispatch of the communication, up to the limit set out in paragraph 3

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of Art. 735, safeguarded the provisions of paragraphs 4 and 5 of Article 738.

3-In communication, the executing agent, under penalty of nullity:

a) Identifies the executed, indicating its name, domicile or registered office and, in

alternative, the number of civil or equivalent document identification, or the

number of tax identification; and

b) Determines the limit of the penhora, expressed in euros, calculated according to the

n Article 735 (3).

4-Unless the provisions of paragraph 9, the blocked amounts can only be busied by the

execution agent.

5-Being several of the holders of the deposit, the blocking focuses on the share of the

performed on the common account, assuming that the quotas are equal.

6-When it is not possible to properly identify the bank account, it is blocked from

part of the executed in the balances of all existing deposits at the institution or

institutions notified.

7-Are successively observed, by the credit institution and by the executing agent, the

following criteria of preference in the choice of account or accounts whose balances are

blocked:

a) They prefer the accounts that the executed one is sole holder to those of which it is

conholder and, among these, those with the lowest number of holders to those that the

performed is first holder;

b) Term deposit accounts prefer to the deposit accounts to the order.

8-After the communication referred to in paragraph 2, the credit institutions, within two days

useful, communicate, by means of an electronica, to the executing agent:

a) The blocked amount; or

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b) The amount of existing balances, where, by the application of the provisions of the

article 738 and 5 of Article 738, the institution shall not be able to effect the blockade to which

refers to paragraph 2; or

c) The non-existence of account or balance.

9-Received the communication referred to in the preceding paragraph, the executing agent, at the time

of five days, respected the limits set out in paragraphs 4 and 5 of Article 738, communica

by electro to credit institutions the penhour of the amounts of balances

existing ones that show necessary for satisfaction of the amount exequale and the

unlock of the unpawned amounts, being the penhour being communicated from

immediate to the run by the credit institution.

10-The blocked or pawned balance may, however, be affected, either to the benefit or

to the detriment of the exequent, as a result of:

a) Credit operations arising from the launch of previously

delivered and not yet credited to the account at the date of the blockade;

b) Debit operations arising from the presentation on payment, on a previous date

to the blocking, of cheques or realisation of payments or withdrawals whose

importances hajam was effectively credited to the beneficiary's respects in

date prior to the lock.

11-Without prejudice to the provisions of the preceding paragraph, the institution is responsible for the balances

banking on it existing at the date of the communication referred to in paragraph 2 and provides to the

excerpt execution agent where they build all the operations that affect the deposits

pawned after the realization of the penhora.

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415

12-The institutions providing collaboration with the implementation in the terms of this article are due

a remuneration, the quantitative of which is fixed by poring of the member of the Government

responsible for the area of justice, owing, in that fixation, to cater to the complexity of the

collaboration required and the circumstance of the attachment to whether or not it has been consumed; the

said remuneration constitutes charge in the terms and for the purposes of the legislation on

procedural costs.

13-Fishing the term of opposition, if this has not been deducted, or judged the opposition

improcedent, the executing agent delivers to the exequent the pawned amounts that

do not guarantee claim credit, up to the value of the debt exequalling, after

discounted the amount relating to expenditure for implementation referred to in Article 3 of the article

735.

14-Previous numbers apply, with the necessary adaptations, to the penhour of

securities, bookings or titrates, integrated into a centralized system,

registered or deposited in financial intermediary or registered with the

respected issuer.

Article 781.

Attachment of right to Indivise and quota assets in societies

1-If the hourly has by object quinlion in autonomous heritage or right to good

indiviso not subject to registration, the due diligence consists solely of the notification of the fact to the

administrator of the goods, if any, and to the conholders, with the express warning of

that the right of the executed shall be to the order of the executing agent, from the date of the first

notification effected.

2-It is lawful for the notified to make the statements that they understand as to the right of the

Executed and the way to make it effective, and may still the conholders say if

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intend for the sale to have per object all the heritage or the totality of the good.

3-When the right is contested, the penhour subsists or will cease as per resolution

of the exequent and the executed, pursuant to Rule 775.

4-When all the conholders make the declaration provided for in the second part of paragraph 2,

proceeds from the sale of the heritage or the good in its entirety.

5-The provisions of the preceding paragraphs shall apply, with the necessary adaptations, to

Attachment of the real right of periodic housing and other real rights whose object does not

should be apprehended, in the terms provided for in the previous subsection.

6-In the penalty of quota in society, in addition to the communication to the register conservatory

competent, in accordance with Article 755 (1), notification of the Society is made,

applying the provisions of the Code of Commercial Societies as to the implementation of the

quota.

Article 782.

Commercial establishment penhour

1-A attachment of the commercial establishment is done by auto, in which the goods are related

that essentially integrates it, applying still the willing for the penhour of

credits, if the establishment are part of the goods of that nature, including the right to

tenancy.

2-A attachment of the commercial establishment shall not preclude the one who may continue its

normal functioning, under management of the executed, appointing the judge, whenever

necessary, who to scrutinize, apply, with the necessary adaptations, the precepts

referring to the depositary.

3-When, however, the exequent fundably is opposed to the one executed to proceed in the

management of the establishment, it is up to the judge to appoint an administrator, with powers to

carry out the ordinary management.

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4-If it is paralyzed or duty is to be suspended the activity of the pawned establishment, the

judge appoints depositary for the mere administration of the goods in it understood.

5-A penhour of the right to commercial establishment does not affect the penhour previously

held over goods that integrate it, but prevents later penhour over goods in it

understood.

6-If they are understood in the establishment goods or rights whose oneration the law

subject to registration, it must the exequent to promote it, in the general terms, when it intends to

prevent that about them from being able to recate ulterior penhora.

Article 783.

Provisions applicable to the penalty of rights

It is subsidally applicable to the penalty of rights the provisions of the previous subsections

for the penhour of things real estate and mobile stuff.

SUBSECTION VI

Opposition to the penhour

Article 784.

Fundamentals of the opposition

1-Being pawned goods belonging to the executed, may this object to the attachment with

any of the following fundamentals:

a) Inadmissibility of the attachment of the concretely seized goods or the

extension with which it was carried out;

b) Immediate penhour of goods that only subsidally respond by debt

exequale;

c) Incidence of the penhora on goods that, not responding, under the law

noun, by the exequinating debt, they should not have been hit by the diligence.

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2-When the opposition merges into the existence of separate heritage, it must the executed

indicate soon the goods, integrated into the autonomous heritage that accounts for the debt

exequale, which has in its power and are subject to the penhour.

Article 785.

Processing of the incident

1-A Opposition is presented within 10 days of the notification of the act of the penhora.

2-The incident of opposition to the penhour follows the terms of Articles 293 to 295, applying-

if still, with the necessary adaptations, the provisions of paragraphs 1 and 3 of Article 732.

3-A execution is only suspended if the executed to provide collateral; the suspension circumscribes

to the goods to which the opposition respects, and the execution may continue on other goods

that are pawned.

4-If the opposition respects the immovable that constitutes effective housing of the executed, it applies

the provisions of Article 733 (5).

5-When the execution continues, neither the exequent nor any other creditor can obtain

payment in pendency of the opposition, without providing collateral.

6-A The provenance of the opposition to the attachment determines that the executing agent will proceed to the

lifting of this and the cancellation of any registrations.

SECTION IV

Quotes and contest of creditors

SUBSECTION I

Citations

Article 786.

Citations

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1-Completed the phase of the penhour and ascertained, by the executing agent, the registrant situation of the

goods, are cited for the execution, within 5 days:

a) The spouse of the executed, when the penhora has relayed on immovable property

or commercial establishment that the executed one cannot freely alienate, or

when you check the case provided for in Article 740 (1);

b) Creditors who are holders of real warranty right, registered or

known, about the pawned goods, to claim the payment of their

credits;

2-In the same period, the executing agent cites the entities referred to in the tax laws, the

Institute of Social Security, I.P., and the Institute of Financial Management of Security

Social, I.P., exclusively by electronic means, in the terms to be regulated by

would pore from the members of the Government responsible for the areas of finance, justice and the

social security.

3-The creditors in favour of whom there is the registration of some real right of guarantee on the

penned goods are quoted in the domicile which is conspicuous from the record, unless they have another

Household known.

4-Royal holders of warranty on good not subject to registration are cited in the

domicile that has been indicated in the act of the attachment or that is indicated by the

executed.

5-There is still place the citation of the spouse of the executed in the specially anticipated terms

in Articles 741 and 742.

6-A The lack of the prescribed quotes has the same effect as the lack of citation of the defendant, but not

matters the cancellation of the sales, adjudications, remittings or payments already effected, of the

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what the exequent there is not exclusive beneficiary; who should have been quoted has

right to be ressarted, by the exequent or other creditor paid in his turn, according to the

rules of enrichment without cause, without prejudice to civil liability, in the terms

general, of the person to whom the lack of citation is attributable.

7-It does not take place the edital citation when it comes to quoting creditors, in the terms provided for

in the previous numbers.

Article 787.

Procedural status of the spouse of the executed

1-The spouse of the executed, cited in the terms of the first part of the paragraph a) of paragraph 1 of the

previous article, is admitted to deduct, within 20 days, opposition to the penhour and the

exercise, in the stages of execution subsequent to your citation, all rights that the law

procedural confers on the executed, and may cumulate possible basics of opposition

to the execution.

2-In cases especially regulated in articles 740 to 742, it is the spouse of the executed

admitted to exercising the faculties provided therein.

SUBSECTION II

Contest of creditors

Article 788.

Claim of the credits

1-Only the creditor who enjoys real guarantee on the pawned goods can complain, by the

product of these, the payment of the credits credits.

2-A The claim is on the basis of an enforceable title and is deducted within 15 days, the

count of the citation of the claimant.

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3-The holders of real warranty rights that have not been cited may claim

spontaneously credit its credit until the transmission of the pawned goods.

4-It is not admitted to the creditor's complaint with general receivables, furniture or

real estate, when:

a) The attachment has focused on well only partially pennable, under the terms of the

article 738, income, other periodic income, or motor vehicle; or

b) Being the credit of the exequent lower than 190 UC, the penhour has focused on

currency, national or foreign currency, bank deposit in cash; or

c) Being the credit of the exequent less than 190 UC, this rewants procedlessly

the consignment of income, or the adjudication, in dation in fulfillment, of the

right of credit in which the penhour has been incidental, before summoning the

creditors.

5-When, under paragraph 3, claim your credit who has obtained penhora on the

same goods in another run, this is raised as to these goods, when it has not

has already been held in the terms of Article 794.

6-A The constant proviso of paragraph 4 does not apply to the receivables of workers.

7-The creditor is admitted to the execution, even if the credit is not due; but if the

obligation to be uncertain or illiquid, make it certain or liquid by the means available to us

exequent.

8-Claims are auctioned in a single apper to the process of execution.

Article 789.

Impugation of the claimed claims

1-Fishing the time frame for the claim of claims, or filed claim pursuant to the

n. 3 of the previous article, hers are notified, by the court's office, the executed, the

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exequent, the claimant creditors and the spouse of the executed, applying for the notification

of the executed Article 227, duly adapted, without prejudice to the notification if

do in the person of the mandatary, when constituted.

2-Claims may be challenged by the exequent and by the executed within 15

days, to be counted from the respective notification.

3-Also within the 15-day time frame, counting from the respect of the notification, may the

remaining creditors challenge the credits secured by goods on which they have

invoked also any real warranty right, including the exequendo credit, well

as the actual guarantees invoked, either by the exequent or by the other creditors.

4-A impugning may be on the grounds of any of the causes that extinguish or

they modify the obligation or that prevent their existence.

5-If credit is recognized by sentence that has case force judged on

relation to the contest, the imputation can only be based on some of the grounds

mentioned in articles 729 and 730, in the part where they are applicable.

Article 790.

Response of the claimant

The creditor whose credit there has been challenged upon defence by exception may answer

on the 10 days following the notification of the impugations presented.

Article 791.

Later terms-Verification and graduation of the credits

1-If the verification of any of the impugned credits is dependent on production of

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proof, follow the terms of the declarative common process, subsequent to the

articulated; the saneador dispatch declares, however, recognized the credits that the

can be, although graduation from everyone stays for the final sentence.

2-If none of the credits are challenged or the verification of the impugned non-

depend on proof to produce, proffers soon sentence that knows of its existence

and graded them with the credit of the exequent, without prejudice to the provisions of paragraph 4.

3-When any of the graduating credits are not overdue, the graduation sentence

determines that, in the final account for payment, the discount corresponding to the

benefit of anticipation.

4-It is hailed as recognized the credits and the respects real guarantees that do not

are challenged, without prejudice to the exceptions to the cominatory effect of the revelation,

vigour in declarative process, or knowledge of the issues they should have

implicated injunction rejection of the complaint.

5-The judge may suspend the terms of the apenso of verification and graduation of credits

subsequent to the joints, up to the realization of the sale, when it considers it likely that the

product of this does not exceed the value of the expense of the execution itself.

6-A graduation is remade if any credit comes to be verified that, after it, is

claimed in accordance with Article 788 (3).

Article 792.

Right of the creditor who has action pending or to propose against the executed

1-The creditor who is not fitted with an enforceable title may apply, within the time limit

provided for the claim of credits, that the graduation of the credits, concerning the

goods covered by your warranty, look forward to obtaining the missing title.

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2-Received the application referred to in the preceding paragraph, the Registrar notifies the executed

for, within 10 days, to rule on the existence of the credit invoked.

3-If the executed recognizes the existence of the credit, the title is deemed to be formed

executive and claim the credit in the terms of the creditor's application, without prejudice to the

your impugment by the exequent and remaining creditors; the same succeeding when the

performed nothing says and is not pending declarative action for the respect appreciation.

4-When the executed negue the existence of the credit, the creditor obtains in the action of its own

enforceable sentence, then complaining about the credit in the execution.

5-The exequent and the interested creditors are defendants in the action, provoking the applicant to their

main intervention, under the terms of Articles 316 and following, when the action is

pending on the date of the application.

6-The application shall not preclude the sale or award of the goods, nor to the verification of the

claims for claim, but the applicant is admitted to exercise in the process the same

rights that compete for the creditor whose claim has been admitted.

7-The effects of the application lapse if:

a) Within 20 days of the notification that the executed denied the existence

of the credit, it is not presented certifying proof of the pendency of the action;

b) The exequent proves that the provisions of paragraph 5, which the action was not observed

dismissed or who was stopped for 30 days, by neglect of the

author, after the application to which this article relates;

c) Within 15 days of from the transit on trial of the decision, hers is not

presented certificate.

Article 793.

Suspension of execution in the cases of insolvency

Any creditor may obtain the suspension of the execution in order to prevent the payments,

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showing that it was required the company recovery or insolvency of the executed.

Article 794.

Plurality of executions on the same goods

1-Pendating more than one run on the same goods, the execution agent suses out

as to these the execution in which the attachment has been later, and the enforceable may

claim the respective credit in the process in which the penhour is older.

2-If the exequent has not yet been cited in the process in which the penhour is more

old, may claim your credit within 15 days of the notification of

sustament; the complaint suspending the effects of the graduation of already fixed credits and, if it is

attendant, causes new graduation sentence, in which to include the claimant's credit.

3-In the suspended execution, can the exequent give up the penhora concerning the goods

apprehended in the other process and indicate others in their replacement.

4-A Full suspending determines the extinction of the execution, without prejudice to the provisions of paragraph 5

of Article 850.

SECTION V

Payment

SUBSECTION I

Modes of payment

Article 795.

Modes of effeco

1-The payment can be made by the delivery of money, by the award of the goods

pawned, by the consignment of their income or by the product of the respect

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sale.

2-It is admitted payment in instalments and the overall agreement, in the terms provided for in the

articles 806 to 810, and should in any case be provided for the payment of the fees

and expenses of the executing agent.

Article 796.

Terms in which you can be effected

1-The necessary representations for the realization of the payment are compulsorily

within three months of the pledge, regardless of the continuation of the

apenso of the verification and graduation of credits, but only after finalizing the deadline for the

your claim; it is exceeded the consignment of income, which may be required by the

exequent and dewound as soon as following the penhour.

2-The claimant creditor may only be paid in the execution for the goods on which he / she has warranty and

as per the graduation of your credit.

3-Without prejudice to the exclusion of Art. 788 (4), the amount to be received by the creditor with

general receivables, furnishing or real estate, is reduced up to 50% of the

remnant of the proceeds from the sale, deducted at the expense of the execution and the amounts to

pay creditors who should be graded before the exequent, in the measure of the

necessary to the payment of 50% of the credit of the exequent, until this receives the value

corresponding to 250 UC.

4-The provisions of paragraph 3 shall not apply to the receivables of workers.

Article 797.

Partially invitationable executions

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Three months ' decorations on partial payment without which they have been identified

other pawable goods, the provisions of Article 750 shall apply.

SUBSECTION II

Delivery of money

Article 798.

Payment for cash delivery

1-Having the penhora relayed in current currency, bank deposit in cash or other

pecuniary credit law whose importance has been deposited, the exequent or

any creditor who should preterit it is paid out of your credit for the existing money.

2-Constitui delivery of cash the payment by cheque or bank transfer.

SUBSECTION III

Award

Article 799.

Application for award

1-The exequent may claim that he is awarded pawned goods, not

understood in Articles 830 and 831, for payment, in whole or in part, of the credit.

2-The same can make any claimant creditor, in relation to the goods on which

has invoked warranty; but, if there is already an undergraduate sentence of

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credits, the applicant's claim is only met when his or her credit has been

recognized and graduated.

3-The applicant shall state the price it offers, and the offer may not be lower than the

value to which he rents out Article 816 (2).

4-It is up to the executing agent to make the award; but, if at the date of the application already

is announced the sale by tenders in closed letter, this one does not sustain itself and the

pretension is only considered if there are no suitors that offer superior price.

5-A The award of non-litigation financial claim law is made by the value of the

providing due, the discount corresponding to the period to the extent to the

maturity, to the statutory interest rate of live, save if, not being close to the date of the

maturity, the applicant wishes to proceed pursuant to the provisions of paragraph 3 and

in Articles 800 and 801.

6-A The award of credit law is made in the title of dation pro welding , if the applicant the

intend and the remaining creditors not to object, extinguishing the execution when

should not proceed on other goods.

7-Being close to the due date, may creditors wake up, or the agent of

execution to determine, the suspension of execution on the credit pawned up to the

maturity.

Article 800.

Advertising of the application

1-Required the award, is this advertised pursuant to Rule 817, with the mention

of the price offered.

2-The day, the time and place for the opening of tenders are notified to the executed,

to those who could apply for the award and as well to the right holders of

preference, legal or conventional with real effectiveness, in the disposal of the goods.

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3-A The opening of the proposals takes place before the judge, if it is a real estate motionless, or,

dealing with commercial establishment, if the judge determines it, in the terms of the article

829. º; in the remaining cases, the executing agent performs the functions reserved to the

judge in the sale of immovable, applying, properly adapted, the standards of the sale by

proposals in closed letter.

Article 801.

Terms of the award

1-If no proposal appears and no one comes forward to exercise the right to

preference, the price offered by the applicant is accepted.

2-Havendo Proposition of higher price, the provisions of Articles 820 and 821 are observed.

3-If the award application has been made after it has announced the sale by

proposals in closed letter and the latter not to be submitted to any bidder, soon if

award the goods to the applicant.

Article 802.

Rules applicable to the award

It shall apply to the award of goods, with the necessary adaptations, the provisions of the article

815, in Article 824 (2), in paragraphs 1 and 2 of Article 825 and in Articles 827, 828 and

838. to 841.

SUBSECTION IV

Consignment of income

Article 803.

Terms in which it may be required and effectuated

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1-As long as the pawned goods are not sold or awarded, the exequent may

apply for the executing agent to be assigned real estate income

or of furniture subject to registration, in payment of your credit.

2-About the application is heard the executed, being the consignment of income effected, if

it does not require that you proceed to the sale of the goods.

3-It does not take place the quotation of creditors when the consignment is before it required and the

performed do not require the sale of the goods.

4-A consignment effectuates by communication to the competent registration office, applying-

if, with the necessary adaptations, the provisions of paragraphs 1 and 2 of Article 755.

5-The record of the consignment is made by averaging to the record of the attachment.

Article 804.

How to process in case of leasing

1-A consignment of income from goods that are located is notified to the tenants.

2-Not even if there is any lease or if there is to be concluded new contract, the goods are

located by the executing agent, upon proposals or by means of negotiation

particular, observing, with the necessary modifications, the prescribed formalities

for the sale of pawned goods.

3-Pay the expense of the execution, the rents are received by the consignee until it is

pocketed from the importance of your credit.

4-The consignee stands in the position of lessor, but cannot resolve the contract, nor

take any decision regarding the goods, without the annuence of the executed; in the absence of

deal, the judge decides.

Article 805.

Effects

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1-The consignment and paid the expense of the execution, the execution extinguishes,

standing up to the pens that focus on other goods.

2-If the goods are to be sold or awarded, free from the burden of consignment, the

consignee is paid from the balance of his / her credit for the proceeds of the sale or award,

with the priority of the penhour to whose registration the consignment was averaged.

3-The provisions of the preceding paragraphs shall apply, with the necessary adaptations, to

consignment of income from nominative credit securities, and the consignment

be mentioned in the titles and averaged in the terms of the respective legislation.

SUBSECTION V

From payment in instalments and the overall agreement

Article 806.

Payment in instalments

1-The exequent and the executed may agree on payment in debt instalments

exequale, setting out a payment plan and communicating such agreement to the agent of

execution.

2-A communication provided for in the preceding paragraph may be submitted until the transmission of the

well pawned or, in the case of sale upon proposal in closed letter, up to the

acceptance of proposal submitted and determines the extinction of the execution.

Article 807.

Warranty of credit exequendo

1-In the lack of convention to the contrary, the penhora already made in the execution converts

automatically on mortgage or pawn, which keep up to full payment, without

prejudice to the provisions of Article 809.

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2-If the good on which the warranty is formed comes to be sold or awarded, free of the

burden of the mortgage or the pawn, the exequent will be paid off the balance of your credit for the

product of sale or adjudication, with the priority of the penhora for whose conversion if

constituted or, if it is the case, with the priority of warranty prior to the penalty that the

exequent to be holder.

3-The guarantees are raised, proceeding to the cancellation of the respective inscriptions,

upon proof document of the full compliance with the payment plan.

4-The provisions of paragraph 1 shall not preclude the parties from convening other additional guarantees

or replace the resulting from the conversion of the penhora.

Article 808.

Consequence of lack of payment

1-A The lack of payment of any of the benefits, on the agreed terms, matters the

immediate maturity of the following, and the exequent may apply for the renewal of the

execution for satisfaction of the remnant of your credit, applying for the provisions of paragraph 4

of Article 850.

2-In the renewed execution the penhour starts for the goods on which it has been

consists of mortgages or pawn under the provisions of Article 807 (1),

reporting that to the date of the primitive penhora, and can only relapse in others when

recognize their insufficiency in order to get the end of the execution.

3-If the goods referred to in the preceding paragraph have been in the meantime transmitted, the

renewed execution will follow directly against the acquirer, if the exequent wishes

make it worth the warranty.

Article 809.

Tutelage of the rights of the remaining creditors

1-Renova the instance if any claimant creditor, whose credit is due, the

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require for satisfaction of your credit.

2-In the case provided for in the preceding paragraph shall be notified the exequent for, within 10

days, declare if:

a) Give up the guarantee to which you rent out Article 807 (1);

b) It also requires the renewal of the instance for payment of the remnant of the

your credit, by staying without effect the payment in agreed installments.

3-A notification to which rents out the previous number is made with the comination of, nothing saying

the exequent, if he understands that he would give up the guarantee to which he rents out Article 807 (1).

4-Desisting the enforceable of the warranty, the applicant assumes the position of the enforceable,

applying, with the necessary adaptations, the provisions of Article 850 (2 a) to 4.

Article 810.

Global agreement

1-The executed, the exequent and the claimant creditors may agree on a plan of

payments, which may consist particularly of a simple moratorium, in a pardon,

total or partial, of credits, in the replacement, total or partial, of guarantees or in the

constitution of new guarantees.

2-The comprehensive agreement applies, with the necessary adaptations, the provisions of Article 806 and

in Article 807 (1).

3-Failure to comply with the terms of the agreement, within 10 days after written interpellation

of the exequent or of the complaining creditor, implies, in the absence of the convention expressed in

otherwise, the expiry of the overall agreement, may the disclaimer or the claimant creditor

apply for renewal of the execution for payment of the remainder of the credit

exequendo and the claimed credits, applying, with the necessary adaptations, the

provisions of Article 807 (2) and paragraph 2 and 2 (3) and Article 808 (3).

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4-A The expiry of the overall agreement provided for in the preceding paragraph shall be without prejudice to the effects

however produced.

5-The exequent and the claimant creditors always retain all their rights against

the co-obliges or guarantors of the executed.

SUBSECTION VI

Sale

DIVISION I

General provisions

Article 811.

Modalities of sale

1-A The sale may rewear the following modalities:

a) Sale upon proposals in closed letter;

b) Sale in regulated markets;

c) Direct sale to persons or entities that are entitled to purchase the goods;

d) Sale by private negotiation;

e) Sale in establishment of auctions;

f) Sale on public deposit or equated;

g) Sale in an electro auction.

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2-The provisions of Article 818, Article 827 (2) and Art. 828 for the sale

upon proposals in closed letter applies, with the necessary adaptations, to

remaining modalities of sale and the provisions of Articles 819 and 823 apply to all

modalities of sale, excepted the direct sale.

Article 812.

Determination of the modality of sale and the base value of goods

1-When the law does not possess amusement, the decision on the sale is up to the agent of

execution, ears the exequent, the executed and the creditors with a guarantee on the goods to

sell.

2-A The decision has as an object:

a) The modality of the sale, in respect of all or every category of goods

pawned;

b) The base value of the goods to be sold;

c) The eventual formation of lots, with a view to the sale on set of goods

pawned.

3-The basic value of real estate corresponds to the largest of the following values:

a) Tax net worth, in the terms of assessment there are less than six

years;

b) Market value.

4-In relation to the goods not referred to in the preceding paragraph, the executing agent fixed his / her

basic value according to the market value.

5-In cases of the b ) of paragraph 3 and of the preceding paragraph, the executing agent may

promote the necessary representations to the fixation of the value of the good according to the value of

market, when it considers it advantageous or some of the interested intends it.

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6-A The decision is notified by the executing agent to the exequent, to the executed and to the

claimant creditors of claims with warranty on the goods to be sold,

preferentially by electrolytic means.

7-If the executed, the enforceable or a complaining creditor disagrees with the decision, it is up to the judge

decide; of the decision of this there is no appeal.

Article 813.

Instrumentality of the sale

1-A The application of the executed, the sale of the pawned goods is suspended as soon as the

product of the goods already sold is sufficient for payment of the costs of the execution,

of the credit of the exequent and the creditors with real guarantee on the goods already sold.

2-In the situation provided for in Article 745 (7), the sale begins always by the goods

pawned that they respond as a matter of priority by the debt.

3-In the case provided for in Article 759, it may the executed require that the sale be initiated by

any of the buildings resulting from the division, the value of which is sufficient for the payment; if,

however, failing to make it soon to take effect on sale by that value, are sold all the

buildings on which to recai the penhora.

Article 814.

Early sale of goods

1-Can the judge authorize the early sale of goods, when these may not or may not

should retain themselves, because they are subject to deterioration or depreciation, or when there is

manifests advantage in anticipation of the sale.

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2-A authorisation may be required, either by the exequent or performed, and by the

depositary; on the application are heard both parties or the one that is not the

applicant, except if the urgency of the sale impings an immediate decision.

3-Unless the provisions of Articles 830 and 831, the sale is effected by the depositary, in the

terms of the sale by private trading, or by the executing agent, in the cases in

that the executed has assumed the functions of depositary.

Article 815.

Dispensation of deposit to creditors

1-The exequent who purchases goods by the execution is waived from depositing the part of the price

that is not required to pay to graduated lenders before it and does not exceed the

importance that you have a right to receive; equal dispensation is granted to the creditor with

warranty on the goods it purchases.

2-Not being yet graduating the credits, the exequent is not obliged to deposit more

that the surplus portion to the amount exequates and the creditor is only obliged to deposit the

surplus to the amount of credit that it has claimed on the purchased goods.

3-In the case referred to in the preceding paragraph, purchased immovable property becomes mortgaged to the

part of the undeposited price, by consigning the guarantee in the title of transmission and not

may this be registered without the mortgage, unless the acquirer is to provide collateral

bank in a corresponding value; the goods of another nature are delivered to the

acquirer when this is collateral corresponding to its value.

4-When, by the effect of the graduation of credits, the acquirer is not entitled to the amount

which has stopped depositing or the part of it, is notified to make the respective deposit on

10 days, under penalty of being executed under Rule 825, starting the implementation

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by the purchased goods themselves or by the surety.

DIVISION II

Sale upon proposals in closed letter

Article 816.

Base value and competence

1-When the penhour reaped on immovable property that does not hade from being sold from another

shape, are the pawned goods sold upon proposals in closed letter.

2-The value to be announced for the sale is equal to 85% of the base value of the goods.

3-A The sale is made in the court of the execution, save if the judge, officiously or the

application for those concerned, order that to take place in the court of the situation of the

goods.

Article 817.

Advertising of the sale

1-Determined the sale upon proposals in closed letter, the judge designates the day and the hour

for the opening of tenders, and that shall be advertised, by the executing agent,

with the anticipation of 10 days:

a) By advertisement on public access computer page, pursuant to

portaria of the member of the Government responsible for the area of justice; and

b) Upon edital to affix on the door of the urban buildings to be sold.

2-The provisions of the preceding paragraph shall be without prejudice to that, on the initiative of the executing agent

or suggestion of those interested in the sale, other means of disclosure are used.

3-From the notice are listed the name of the executed, the identification of the executing agent, the

day, the time and place of the opening of the tenders, the summary identification of the goods and the value

announcing for the sale, ascertained in accordance with paragraph 2 of the previous article.

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4-If the sentence that is carried out is pending appeal or is pending opposition to the

execution or the penhour, mention is made of the fact in the edict and the announcement.

Article 818.

Obligation to show the goods

Until the opening day of the tenders, the depositary is obliged to show the goods to whom

intends to examine them, and this may fix the hours in which, during the day, it provides the inspection

and owing the executing agent to indicate them in the advertisement and the edital of the sale.

Article 819.

Notification of the preferents

1-The right holders of the right of preference, legal or conventional with real effectiveness, in the

disposal of the goods are notified of the day, time and place aprazed for the opening

of the proposals, in order to be able to exercise their right in the act itself, if any

proposal is accepted.

2-A lack of notification has the same consequence as the lack of notification or notice

prior in the private sale.

3-The notification provided for in paragraph 1 shall apply to the rules relating to the citation, save in what if

refers to the edital citation, which will not take place.

4-A frustration of the notification of the preferent not to suggest the possibility of proposing action

preferably, in the general terms.

Article 820.

Opening of proposals

1-The proposals are delivered at the court's office and open in the presence of the judge,

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owing to the opening the executing agent and may she assist the executed, the

exequent, claims claims with warranty on the goods to be sold and the

proponents.

2-If the highest price is offered by more than one bidder, it opens soon

bidding among them, unless they declare that they intend to acquire the goods in

comownership.

3-Being present only one of the bidders of the highest price, can that cover the proposal

of the others; if none of them is present or none wants to cover the proposal of the

others, the draw is carried out to determine the proposal that is to prevail.

4-The proposals, once submitted, can only be withdrawn if their opening is postponed

for more than 90 days after the first nominee.

5-The exequent, if it is present in the opening act of the proposals, may manifest

willingness to acquire the goods to be sold, opening up soon bidding among themselves and proponent of the

higher price; if the bidder of the highest price is not present, the exequent may

cover the proposal from that.

6-In the case provided for in the preceding paragraph, it applies, with the necessary adaptations, the

provisions of Article 824, without prejudice to that established in Article 815.

Article 821.

Deliberation on the proposals

1-Immediately after opening or after effecting the bidding or the draw to which

there is place, are the proposals appreciated by the executed, exequent and creditors who

hajam attended; if none is present, the proposal of a

higher price, without prejudice to the provisions of paragraph 3.

2-If the concerned are not in agreement, the vote of the creditors shall prevail which, among the

gifts, have a majority of credits on the goods to which the proposal relates.

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3-Unaccepted bids for lower than provided for in Article 816 (2) are accepted.

if the exequent, the executed and all creditors with real guarantee on the goods to

sell you wake up in your acceptance.

Article 822.

Irregularities or frustration of the sale by means of proposals

1-The irregularities relating to the opening, bidding, drawing, appreciation and acceptance of the

proposals can only be argued in the act itself.

2-In the absence of bidders or acceptance of the proposals, the sale by

private negotiation.

Article 823.

Exercise of the right of preference

1-Accept some proposal, are interwooled the right holders of preference present

so that they declare if they want to exercise their right.

2-Presenting yourself to preferring more than one person with equal right, opens up bidding between

them, being accepted the highest value bid.

3-Applies to the preferable, duly adapted, the provisions of paragraph 1 of the following article.

Article 824.

Collateral and deposit of the price

1-The bidders must compulsorily bring together with their proposal, as collateral, a

check targeted, at the order of the executing agent or, in cases where the representations of

execution are carried out by bailable officer, of the registry, in the corresponding amount

at 5% of the advertised value or bank guarantee in the same value.

2-Accept some proposal, the bidder or preferer is notified to, within 15

days, deposit in a credit institution, to the order of the executing agent or, in the

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cases in which the enforcement representations are carried out by bailable officer, da

would be secreted, all or part of the missing price.

Article 825.

Lack of deposit

1-Fishing the period referred to in paragraph 2 of the preceding Article, if the bidder or preferer does not

has deposited the price, the enforcement agent, heard those interested in the sale, may:

a) Determine that the sale will be without effect and accept the value proposition

immediately lower, losing the bidder the value of the collateral constituted

in accordance with paragraph 1 of the preceding Article; or

b) Determine that the sale will be without effect and to effect the sale of the goods through the

most appropriate modality, and may not be admitted to the bidder or

preferred to remix to acquire again the same goods and losing the value of the

collateral constituted under the terms of paragraph 1 of the preceding Article; or

c) Liquidating the responsibility of the bidder or the preferred remand, owing

promoted before the judge the arrest in sufficient goods to guarantee the value in

lack, increased from the expense and expense, without prejudice to criminal procedure and

being the one, simultaneously, executed in the process itself for payment

of that value and additions.

2-The arrest is raised as soon as the payment is effected, with the accruals

calculated.

3-The preferent who has not exercised his or her right in the act of openness and acceptance of the

proposals may, within five days, be counted from the expiry of the term of the

proponent or bankruptcy preferer, the deposit of the price by this offered,

regardless of new notification, to it by making the adjudication.

Article 826.

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Self-opening and acceptance of proposals

Of the opening and acceptance of the proposals is, by the executing agent, dishwasher self in that,

in addition to the other occurrences, please mention, for each accepted proposal, the name of the

bidder, the goods to which it respects and its price; the goods identify by reference to the

pendant respect.

Article 827.

Adjudication and registration

1-Showing fully paid the price and met the tax obligations inherent in the

transmission, the goods are awarded and delivered to the bidder or preferred by issuing

the agent of execution the title of transmission in his favour, in which the goods are identified,

it makes sure the payment of the price or the dispensation of the deposit of the same and declares itself the

compliance or exemption from tax obligations, as well as the date on which the goods

have been awarded.

2-Thereafter, the executing agent communicates the sale to the registration office

competent, joining the title respect, and this proceeds to the record of the fact and,

officiously, to the cancellation of the inscriptions relating to the rights that have

lapsed, in accordance with Article 824 (2) of the Civil Code.

Article 828.

Delivery of the goods

The purchaser may, on the basis of the title of transmission referred to in the previous article,

apply for against the holder, in the execution itself, the delivery of the goods, on the prescribed terms

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in Article 861, duly adapted.

Article 829.

Sale of commercial establishment

1-A sale of commercial establishment of value above 500 UC takes place, under

proposal of the exequent, of the executed or of a creditor that on it has real guarantee,

upon proposals in closed letter.

2-The judge determines whether the proposals are open in their presence, with being always on the

presence of the executing agent.

3-Applied, properly adapted, the standards of the previous articles.

DIVISION III

Other modalities of sale

Article 830.

Goods sold in regulated markets

They are sold in regulated markets the financial instruments and the goods

that in them have quotation.

Article 831.

Direct sale

If the goods house, by law, be delivered to a particular entity, or have been

promised to sell, with real effectiveness, to anyone who wants to exercise the right to perform

specific, the sale is done to you directly.

Article 832.

Cases in which you go on sale by private trading

The sale is made by private trading:

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a) When the exequent proposes a buyer or a price, which is accepted by the

executed and too many creditors;

b) When the executed proposes a buyer or a price, which is accepted by the

exequent and too many creditors;

c) When there is urgency in the realization of the sale, recognized by the judge;

d) When to frustrate the sale by proposals in closed letter, for lack of

proponents, non-acceptance of the proposals or lack of deposit of the price by the

proponent accepted;

e) When to frustrate the sale in public deposit or equated, for lack of

proponents or non-acceptance of the proposals and, attentive to the nature of the goods, such

is advisable;

f) When to frustrate the sale in an electro auction for lack of bidders;

g) When the good in issue has a value of less than 4 UC.

Article 833.

Realization of the sale by private trading

1-When determining the sale by private trading, the person who stays

incumbent, as a mandatary, to effect it.

2-From the realization of the sale may be entrusted to the executing agent, by agreement of all

the creditors and unopposed of the executed, or, in the lack of agreement or by opposition,

by determination of the judge.

3-Not if verifying the assumptions of the previous number, for the sale of real estate is

preferentially assigned official mediator.

4-The price is deposited directly by the buyer in a credit institution, to the order

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of the executing agent or, in cases where the enforcement representations are carried out

by bailable officer, from the registry office, before washing the instrument of the sale.

5-Staging pending appeal of the sentence that performs or opposition from the executed à

execution or the penhour, it is made of this mention in the act of sale.

6-A the sale of immovable in which it has been, or is being, made urban construction, or of

fraction of it, may be in the state in which it is found, with dispensation of the license of

use or construction, whose lack of presentation the entity with competence to

formalization of the act makes consignment in the document, constituting the burden of the acquirer to

respects legalization.

Article 834.

Sale in establishment of auction

1-A The sale is made in auction establishment:

a) When the exequent, the executed, or creator claimant with warranty on the

well in cause, propose the sale in a particular establishment and there is no

opposition from any of the remaining; or

b) When, addressing the mobile thing, the execution agent understands that, atents

the characteristics of the good, whether to preterse the sale by private trading in the

terms of the point and ) of Article 832.

2-In the case provided for in paragraph b ) of the previous number, the executing agent, when determining the

modality of the sale, indicates the establishment of the entrusted auction to be carried out.

3-A The sale is made by the establishment staff and second the rules that are in

use, applying Article 5 (5) of the previous article and, when the object of the sale is a thing

immovable property, the provisions of paragraph 6 of the same article.

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4-The manager of the establishment deposits the net price in credit institution, à

order of the executing agent or, in cases where the enforcement representations are

carried out by bail-out officer, from the registry office, and presents in the process the respect

knowledge, in the five days after the realization of the sale, under comination of the

sanctions applicable to the intruder depositary.

Article 835.

Irregularities of the sale

1-The creditors, the executed and any of the bidders can complain against the

irregularities that are made in the act of the auction; to decide the complaints the judge may

examine or have to examine the Registration of the establishment, listen to the respect

staff, inquire the witnesses who offer and proceed to any other

representations.

2-The auction is annulled when the irregularities committed hajam addicted the final result

of the bidding, being the owner of the establishment doomed in the repose of what it has

pocketed, without prejudice to the compensation for the damage there is caused.

3-Being annulled, the auction repeats itself in another establishment and, if there is no, proceeds

on sale by proposals in closed letter, if any, or by private negotiation.

Article 836.

Sale in public deposit or equated

1-Are sold in public deposit or equated with the goods that have been going there

removed and should not be sold in any other way.

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2-The sales referred to in this article have monthly periodicity and are advertised in

advertisements published in the terms of Article 817 and by affixing of the editais in the

warehouse, containing the ratio of the goods to be sold and the mention of paragraph 4 of the same article.

3-The way of realization of the sale in public deposit or equated, which must have in

account for the nature of the goods to be sold, is regulated in portaria of the member of the Government

responsible for the area of justice.

Article 837.

Sale at an electro auction

1-Except in the cases referred to in Articles 830 and 831, the sale of immovable property and property

penned furniture is made preferentially at an electronic auction, in the terms to be defined

by porterie of the member of the Government responsible for the area of justice.

2-The sales referred to in this article are advertised, with due adaptations, in the terms

of paragraphs 2 a to 4 of Article 817,

3-On sale in an electro auction apply the rules on the sale in establishment

of auction in all that is not specially regulated in the porterie referred to in paragraph 1.

DIVISION IV

From the invalidity of the sale

Article 838.

Cancellation of the sale and compensation of the buyer

1-If, after the sale, if it recognizes the existence of some burden or limitation that does not

be taken into account and that exceeds the normal limits inherent in the rights of the

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same category, or of error on the transmitted thing, for lack of compliance with the

which has been announced, the buyer may ask for, in the execution, cancellation of the sale and the

compensation to which you are entitled, without prejudice to the provisions of Article 906 of the Code

Civil.

2-A The question provided for in the preceding paragraph is decided by the judge, after hearing the

exequent, the executed and the interested creditors and from examined the evidence that if

produce.

3-Made the application for cancellation of the business and compensation of the buyer before it is

raised the proceeds of the sale, this is not delivered without the provision of collateral; being the

buyer referred to the competent action, the surety is raised, if the action is not

proposal within 30 days or is stopped, by negligence of the author, during three

months.

Article 839.

Cases in which the sale goes without effect

1-In addition to the case provided for in the previous article, the sale shall only be without effect:

a) If it is annulled or revoked the sentence that has performed or if the opposition to the

execution or the penhour is adjudicated proceeding, save when, being partial to

revocation or provenance, the livelihood of the sale is compatible with the

decision taken;

b) If the entire execution is nullified by the lack or nullity of the quotation of the executed,

that has been revel in, save the provisions of Article 851 (4);

c) If it is annulled the act of the sale, pursuant to Art. 195;

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d) If the sold thing did not belong to the executed and it was claimed by the owner.

2-When, subsequently on sale, any action of preference shall be dismissed.

or is dewound the remand of goods, the preferer or the remidor replace the

buyer, paying the price and expenses of the purchase.

3-In cases provided for in points a ), b ) and c ) of paragraph 1, the restitution of the goods has to be

requested within 30 days of the definitive decision, and the buyer shall be

pocketed in advance of the price and expenses of purchase; if the refund is not

applied for at the indicated deadline, the winner is only entitled to receive the price.

Article 840.

Cautionary to note in case of protest by the claim

1-If, prior to the sale, some third party has protested by the claim of the

thing, invoking own right incompatible with the transmission, wash away term of

protest; in that case, the movable property is not delivered to the buyer and the product of the

sale is not raised without providing collateral.

2-If, however, the author of the protest does not propuser the action within 30 days or the action is

stop, by negligence your, for three months, may apply for extinction of the

guarantees designed to ensure the restitution of the goods and the pocketing of the price; in

any of these cases the buyer, if the action is adjudicated proceeded, gets the right

of retention of the thing purchased, while it is not returned the price, and the

owner retain it from those responsible, if there is to be satisfied to obtain the delivery of the

thing claimed.

Article 841.

Cautionary to note in case of claim without protest

The provisions of the preceding Article shall apply, with the necessary adaptations, to the case of the action

be proposed, without prior protest, prior to the delivery of the movable or surveying goods

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of the product of the sale.

SECTION VI

Remand

Article 842.

To whom it competes

To the spouse who is not judicially separated from persons and goods and to the descendants or

ancestry of the executed is recognized the right to remand all the awarded goods or

sold, or part of them, for the price for which the adjudication or the sale has been made.

Article 843.

Up to when the right of remand can be exercised

1-The right of remand can be exercised:

a) In the case of sale by tenders in closed letter, up to the issuance of the title of the

transmission of the goods to the bidder or within the period and in accordance with paragraph 3 of the

article 825;

b) In the other modalities of sale, up to the time of delivery of the goods or of the

signature of the title that documents it.

2-Applies to the remidor, who exercises his right in the act of openness and acceptance of the

proposed in closed letter, the provisions of Article 824, with the necessary adaptations,

as well as the provisions of paragraphs 1 and 2 of Article 825, and the price shall be in full

deposited when the right of remand is exercised after that time, with the

addition of 5% for compensation from the bidder if the latter has already made the deposit

referred to in Article 824 (2), and by applying, in any case, the provisions of the article

827.

Article 844.

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Predominance of the remand on the right of preference

1-The right of remand prevails over the right of preference.

2-If there are, however, several prefers and if it opens up bidding among them, the remnant has to be

made by the price corresponding to the highest laneway.

Article 845.

Order why you defend the right of remand

1-The right of remand belongs in the first place to the spouse, second to the

descendants and in third place to the ascenders of the executed.

2-Concurring to the remand several descendants or several ascenders, prefer the grade ones

closer to those of the most remote degree; in equality of degree, open bidding among the

competitors and prefers what to offer the highest price.

3-If the applicant of the remand is unable to make the proof of the marriage or the

kinship, is granted reasonable time frame for the junction of the respecting document.

SECTION VII

Extinction and cancellation of execution

Article 846.

Cessation of execution by voluntary payment

1-In any state of the process can the executed or any other person do

cessation of execution, paying the expense and debt.

2-The payment is made upon direct delivery or deposit in credit institution to the

order of the execution agent.

3-In cases where enforcement representations are carried out by bailable officer, who

intends to use the faculty provided for in paragraph 1 requests at the registry, yet

verbally, guides for deposit of the net part or already settled of the credit of the

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enforceable that is not solder by the proceeds from the sale or award of goods.

4-The deposit referred to in the preceding paragraph, is suspended the execution, unless it

is manifestly insufficient, and takes place the liquidation of the whole responsibility of the

executed.

5-When the applicant joins document proving discharge, forgiveness or resignation

on the part of the exequent or any other extinguishing title, soon suspense the execution

and liquids the responsibility of the executed.

Article 847.

Settlement of the responsibility of the executed

1-If the application is made prior to the sale or award of goods, settle

solely the expense and what to be missing from the credit of the exequent.

2-If they have already been sold or awarded goods, the liquidation has to cover as well

the claims claimed to be paid by the product of these goods, as per

graduation and as far as the product obtained arrives, save if the applicant exhibit title

extinctive of some of them, which then is not understood; if not yet done

graduation from the claimed claims that have to be settled, the execution proceeds

only for verification and graduation of these credits and only then does the liquidation take place.

3-A The settlement always comprises the expense of the withdrawals to be made by the holders of the

credits settled and is notified to the exequent, to the interested creditors, to the executed

and to the applicant, if you are a diverse person.

4-The applicant deposits the balance that is settled, under penalty of being convicted at the expense

to which it has given cause and to the execution to continue, and may not make it to suspend without

prior deposit of the amount already settled, after deducting the proceeds from the sales or

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adjudications made later and after deducted the credits whose extinction if

prove by document.

5-Made the deposit referred to in the preceding paragraph, orders new settlement of the increased,

observing the precept in the previous provisions.

6-If the payment is effected by third party, this one is only sub-rogated in the rights of the

exequent showing that it acquired them under the substantive law.

Article 848.

Desistance of the exequent

1-A desistance of the exequent extinguishes the execution; but, if they have already been sold or

awarded goods on whose product hajam graduates other creditors, to these is

pays the party that coups them in that product.

2-If pending embargoes are pending, the desistance of the instance depends on the

acceptance of the embargoer.

Article 849.

Extinction of execution

1-A execution extinguishes itself in the following situations:

a) As soon as the deposit of the settled amount is made, pursuant to Rule 847;

b) After liquidation and payments, by the executing agent, in the

Terms of the Rules of Procedural Costs, both in the case of the previous article

how when you show satisfied by the coercive payment the obligation

exequale;

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c) In the cases referred to in Article 748 (3), in Article 750 (2), in paragraph 6 of the

article 799 and paragraph 4 of Article 855, by supervenient uselessness of the lid;

d) In the case referred to in paragraph b) of Article 779 (4);

e) In the case referred to in Article 794 (4);

f) When another cause of extinction occurs.

2-A extinction is notified to the exequent, when executed, only in cases where this already

have been cited, and to the claimant creditors.

3-A The extinction of the execution is communicated, by means of an electronica, to the court, being assured

by the computer system the automatic and electronical file of the process, without

need for judicial intervention or the secretarship.

Article 850.

Renewal of the extinct run

1-A The extinction of the execution, when the title has successive tract, does not preclude the action

executive to renew itself in the same process for payment of installments that win

later.

2-Also the claimant creditor, whose credit is overdue and there is claim to be

paid for by the product of pawned goods that did not arrive in the meantime to be sold

nor adjudicated, may apply, within 10 days of the notification of the

extinction of execution, the renewal of this for effective verification, graduation and payment

of your credit.

3-The application makes pursuing the execution, but only as to the goods on which

incited the actual warranty invoked by the applicant, who assumes the position of exequent.

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4-Do not repeat quotes and take advantage of everything that has been processed

concerning the goods in which the execution is continuing, but the other creditors and the

performed are notified of the application.

5-The exequent may still apply for renewal of the extinct execution under the terms of the

points c), d) and e) of paragraph 1 of the preceding Article, when indicating pawable goods, applying-

if, with the necessary adaptations, the provisions of the preceding paragraph.

Article 851.

Cancellation of the execution, for lack or nullity of citation of the executed

1-If the execution runs in absentia of the executed and this one has not been cited, when the must

be, or there is grounds for declaring void the citation, may the executed invoke the

nullity of the citation at all time.

2-Susited all the terms of the execution, know yourself soon from the complaint and, should it be

adjudicated proceeded, it is annuated all that in the execution if it has been practiced.

3-A The complaint can be made even after finishes the run.

4-If, after the sale, the time required for the usufruct has elapsed, the executed shall

only with the right to demand from the exequent, in the case of dolo or in bad faith of this, the

compensation for the injury suffered, if that right has not been prescribed in the meantime.

SECTION VIII

Resources

Article 852.

Regulatory provisions of resources

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To appeals and rulings of decisions rendered in the executive process are

applicable to the regulatory provisions of the declaration procedure and the provisions of the Articles

following.

Article 853.

Appeal

1-The established scheme for resources in the declaration process shall apply to the

appealing appeals interposts of decisions rendered in procedures or incidents

of declaratory nature, inserted in the tramway of the executive action.

2-It is still appealing to appeal, in the general terms:

a) Of the decisions provided for in Article 644 (2), where applicable to the action

executive;

b) Of the decision determining the suspension, extinction or cancellation of the execution;

c) Of the decision that is pronounced on the cancellation of the sale;

d) From the decision that is pronounced on the exercise of the right of preference or

remittion.

3-It is always an appeal of the dispatch of the preliminary injunction, albeit partial, of the

executive application, as well as of the dispatch of rejection of the executive requirement

preferred under the provisions of Article 734.

4-Sober immediately, in separate and with merely devolutive effect, the resources

interposed in accordance with paragraphs 2 and 3 of decisions that do not put an end to the implementation

nor suspend the instance.

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Article 854.

Magazine

Without prejudice to the cases in which it is always permissible to appeal to the Supreme Court of

Justice, it is only up to the magazine, in the general terms, of the judgments of the Relation given in

feature in settlement procedures not dependent on simple arithmetic calculation, of

verification and graduation of credits and opposition deducted against the execution.

CHAPTER II

From the summary process

Article 855.

Initial tramway

1-The executive requirement and the documents accompanying it are immediately

sent by electronic route, without precedence of process autuation and dispatching

judicial, to the designated execution agent, with indication of the single number of the case.

2-It is up to the executing agent:

a) Refuse the application, applying, with the necessary adaptations, the

precepted in Article 725;

b) Raise the intervention of the judge, pursuant to the provisions of the paragraph d) of paragraph 1 of the

article 723, when it appears to you likely to occur in some of the situations

provided for in Article 726 (2) and (4), or when you doubt the verification of the

application assumptions of the sumptuary form.

3-If the application is received and the process there is to proceed, the agent of

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execution begins the consultations and prior representations to the penhora, which is effective before the

citation of the executed.

4-Decorrids three months on the representations provided for in the preceding paragraph, the

provisions of Article 750 (1), being the executed quoted; in the case of the exequent not

indicate pawable goods, having thwarted the personal citation of the executed, there is no

place to the edital citation of this and to extinguish the execution in the terms set out in paragraph 2 of the

article 750.

5-In the executions instituted under the provisions of the paragraph d) of Article 550 (2), the

attachment of immovable property, of commercial establishment, of real estate minor that about

them incited or of quinlion in heritage that includes them can only be carried out after the

citation of the executed, upon judicial dispatch.

Article 856.

Opposition to the execution and the penhour

1-Fee the penhora, is the executed quoted for the execution and, at the same time, notified of the

act of attachment, and may deduct, within 20 days, embargoes from executed and

opposition to the penhora.

2-A citation of the executed must take place in the very act of the penhora, whenever he is

present; if it is not, the citation takes place within five days, counted from the

effectivation of the penhora.

3-With the embargoes of executed it is cumulated to the opposition to the pawning that executed

intends to deduce.

4-When it does not cumulate with the embargoes of executed, it is applicable to the incident of

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opposition to the attachment to the provisions of paragraphs 2 a to 6 of Article 785.

5-The executed one who opposes the execution may, in the opposition, apply for the replacement of the

Attachment by the idopian collateral that also guarantees the ends of the execution.

Article 857.

Fundamentals of opposition to the application based on injunction application

1-If the execution merges in an injunction application to which it has been bets formula

enforceable, only the fundamentals of embargoes provided for in the article may be alleged

729., with due adaptations, without prejudice to the provisions of the following paragraphs.

2-Verifying fair impediment to the deduction of opposition to the application for injunction,

tempestively declared before the office of the injunction, in the terms provided for in the

article 140, the grounds provided for in Article 731 may still be alleged; in that

case, the judge will receive the embargoes, if judging the impediment and tempestive to his

statement.

3-Irregardless of fair impediment, the executed is still admitted to deduct

opposition to the execution on the grounds of:

a) In the manifest improvenance, in whole or in part, of the application for injunction;

b) On the occurrence, in an obvious way, of dilatory exceptions that, should they have been

raised in the injunction procedure, would obstinate to the affixing of the formula

enforceable.

Article 858.

Sanctions of the exequent

If the opposition to the execution comes to proceed, the enforceable, without prejudice to the possible

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criminal liability, responds for the damage culposely caused to the executed, if

has not acted with normal prudence, and incurs a fine corresponding to 10% of the

value of the execution, or of the part of it that has been the object of opposition, but not less than

10 UC, nor more than twice the maximum of the rate of justice.

Title IV

From execution to delivery of right thing

Article 859.

Citation of the executed

In the execution for delivery of the right thing, the executed is cited for, within 20 days,

make the delivery or oppose the execution upon embargoes.

Article 860.

Fundamentals and effects of opposition upon embargoes

1-The executed may deduct opposition to the execution for the reasons specified in the articles

729 to 731, in the applicable part, and on the grounds of benfeits to which it is entitled.

2-If the exequent cautioned the amount sought for the title of benfeits, the receipt of the

opposition does not suspend the continuation of the execution.

3-A Opposition on grounds of benfeits is not admitted when, basing the

execution in sentencing sentencing, the executed there is not opportunely made worth the

your right to them.

Article 861.

Delivery of the thing

1-Effectivation of the delivery of the thing are subsidarily applicable, with the necessary

adaptations, the provisions regarding the realization of the penhora, proceeding to the searches and

other necessary representations, if the executed does not voluntarily make the delivery; the

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delivery may have by object well of the State or of another collective person referred to in paragraph 1

of Article 737.

2-Treating of mobile things to be determined by account, weight or measure, the agent of

execution sends out, in its presence, the indispensable operations and delivery to the

exequate the amount due.

3-Treating real estate, the executing agent invests the exequent in the possession,

handing over the documents and keys, if any, and notifies the executed, the

tenants and any holders so that they respect and recognize the right of the

exequent.

4-Belonging to the thing in comownership to other stakeholders, the exequent is vested

in the possession of its fair share.

5-The delivery of the thing, if the decision that decreed it is revoked or if, by

any other reason, the previous possessor retrieving the right to it, may require that

proceed to the respect of restitution.

6-Treating the main dwelling house of the executed, the provisions of the paragraphs shall apply.

3 a to 5 of Article 863 and, if serious difficulties are raised in the rehousing of the

Executed, the executing agent communicates in advance the fact to the city hall

and the competent assistive entities.

Article 862.

Execution for delivery of leased immovable thing

To the execution for delivery of leased immovable thing are applicable to the previous provisions

of this title, with the changes set out in Articles 863 to 866.

Article 863.

Suspension of execution

1-A execution suspense if the executed requires the deferral of the site vacancy

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leased for housing, motivated by the cessation of the respecting contract, under the terms of the

next article.

2-The executing agent suspending the executory representations whenever the holder of the

thing, which has not been heard and convinced in the declarative action, exhibit some of the

following titles, with a date prior to the start of the execution:

a) Title of leasing or other legitimate enjoyment of the building, emanating from the

exequent;

b) Title of sublease or assignment of the contractual position, emanating from the

performed, and document proving that there was required within 15

days the respect notification to the exequent, or the exequent having especially

authorized the sublease or the assignment, or of the exequent having known the

subarlestenant or transferee as such.

3-Treating to lease for housing, the executing agent suspending the

enforceable representations, when showing, by medical certificate stating

fundamentably the time frame during which to suspend the execution, which the

diligence puts at risk of life the person who finds himself on the spot, for reasons of illness

watery.

4-In the cases referred to in paragraphs 2 and 3, the executing agent lavish certificate of the occurrences,

joins the displayed documents and warns the holder, or the person who finds himself in the

location, of which the execution proceeds, unless, within 10 days, request the judge to

confirmation of the suspension, by joining the application for the available documents,

giving the immediate effect knowledge to the exequent or his representative.

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5-Within five days, the enforcement judge, heard the enforceer, decides to keep the

execution suspended or orders lifting of the suspension and the immediate pursuit

of the autos.

Article 864.

Deferment of leased property vacancy for housing

1-In the case of leased real estate for housing, within the time frame of opposition to the execution,

the executed may apply for the deferment of the vacancy, for compelling social reasons,

and should soon offer the available evidence and indicate the witnesses to be submitted, until

to the limit of three.

2-The deoccupation deferment of the locator for housing is decided in accordance with the

prudent arbitrio of the court, owing the judge to take into consideration the demands of the good

faith, the circumstance that the lessee does not immediately dispose of another dwelling, the

number of people inhabiting with the tenant, their age, their state of health

and, in general, the economic and social situation of the persons involved, and may only be

granted provided that you check any of the following fundamentals:

a) That, addressing resolution by non-payment of rents, the lack of the same

whether due to the dearth of means of the lessee, what is presumed relatively to the

beneficiary of unemployment benefit, of value equal to or less than the consideration

guaranteed monthly minimum, or social income from insertion;

b) That the lessee is bearer of disability with a proven degree of

disability exceeding 60%.

3-In the case of deferment decided on the basis of ( a ) from the previous number, is up to the

Social Relief Fund of the Institute of Social Security Financial Management pay to the

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landlord the rents corresponding to the period of deferment, by staying that sub-

rogated in the rights of this.

Article 865.

Terms of the detenancy deferral

1-A petition for deferral of disengagement takes on as a matter of urgency and is dismissed

liminally when:

a) Has been deducted outside the deadline;

b) The plea is not fit for any of those referred to in the previous article;

c) It is manifestly unintending.

2-If the petition is received, the exequent is notified to contest, within the time limit of 10

days, and should soon offer the available evidence and indicate the witnesses to be submitted,

up to the limit of three.

3-The judge must decide on the request for deferment of the disoccupation for social reasons in the

maximum period of 20 days from your submission, in the case being provided in the case

a) of paragraph 2 of the preceding article, the decision officiously communicated, with its

statement of reasons, to the Social Relief Fund of the Institute of Financial Management of the

Social Security.

4-The deferment may not exceed the period of five months from the date of transit in

trial of the decision granting it.

Article 866.

Responsibility of the exequent

Proceeding the opposition to the execution which merges in extrajudicial title, the exequent

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responds by the damage culposely caused to the executed and incurs fine

corresponding to 10% of the value of the execution, but not less than 10 AU nor higher than the

double the maximum of the rate of justice, when it has not acted with normal prudence, without

prejudice to the criminal liability in which it may also incur.

Article 867.

Conversion of execution

1-When it is not found the thing the exequent should receive, this one can, in the

same process, make liquidation of its value and the injury resulting from lack of delivery,

observing the provisions of Articles 358, 360 and 716, with the necessary

adaptations.

2-Fee the settlement, proceeds to the penalty of the goods necessary for the payment of the

ascertained amount, following the remaining terms of the execution process for

payment of right amount.

Title V

From execution for de facto provision

Article 868.

Citation of the executed

1-If someone is obliged to provide a fact in a certain period of time and not comply, the creditor

may apply for the provision by outrain, if the fact is fungible, as well as the

compensation to which he or she is entitled, or the compensation of the damage suffered from the

non-fulfilment of the provision; may also the creditor apply for the payment of the amount

due to the title of compulsory pecuniary penalty, where the debtor has already been

doomed or whose fixation the creditor intends to obtain in the executive process.

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2-The debtor is cited for, within 20 days, deducting opposition to the execution, upon

embargoes, and the ground of the opposition may consist, even if the execution merges

in sentence, in the subsequent fulfillment of the obligation, proved by any means.

3-The receipt of the opposition has the effects indicated in Article 733, duly

adapted.

Article 869.

Conversion of execution

Finder the deadline set for the opposition to the execution, or trial of this improcedant,

having the execution been suspended, if the enforceer wishes the compensation of the damage suffered,

observe the provisions of Article 867.

Article 870.

Assessment of the cost of the provision and realization of the amount ascertained

1-If the enforceer chooses to deliver the fact by outrain, it requires the appointment of expert

that evaluate the cost of the provision.

2-Completed the assessment, proceeds to the penalty of the goods necessary for the payment of the

ascertained amount, following the remaining terms of the execution process for

payment of right amount.

Article 871.

Provision by the exequent

1-Even before the evaluation or the execution regulated in the previous article, may the

exequent to do, or to have it done under your guidance and surveillance, the works and works

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necessary for the provision of the fact, with the obligation to provide accounts to the judge of the

process.

2-A The settlement of the indemnity due, when requested, takes place together

with the provision of accounts.

3-In the contestation of the accounts it is lawful to the executed allegation that there was excess in the provision

of the fact, as well as, in the case provided for in the last part of the preceding paragraph, to challenge the

settlement of the moratorium compensation.

Article 872.

Payment of the credit ascertained in favour of the exequent

1-Approved the accounts by the judge, the credit of the exequent is paid for by the product of the execution

referred to in Article 870.

2-If the product does not arrive for the payment, follow up, to get the rest, the terms

established in that same article.

Article 873.

Right of the exequent when you do not get the cost of the assessment

Having excued all the assets of the executed without getting to the importance of the evaluation, the

exequent may give up the provision of the fact, in case it is not yet started, and

require the lifting of the amount obtained.

Article 874.

Setting the deadline for the provision

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1-When the time limit for the provision is not determined in the executive title, the

exequent indicates the time frame that repute sufficient and requires that, cited the debtor to, in

20 days, say what if to offer you, the deadline will be fixed judicially; the exequent

requires also the application of the compulsory pecuniary penalty, pursuant to the 2 th part of the

n Article 868 (1).

2-If the executed has ground to oppose the execution, it should soon deduce it and say the

that if it offers you about the deadline.

Article 875.

Fixation of the deadline and subsequent terms

1-The time limit is set by the judge, which for this proceeds to the necessary representations.

2-If the debtor does not provide the fact within the period, it shall be observed, without prejudice to the 2 th Party

of the preceding Article 1 (1), the provisions of Articles 868 to 873, but the prescribed citation

in Article 868 is replaced by notification and the executed one can only deduce opposition to the

execution in the subsequent 20 days, on the grounds of the illegality of the request of the

to be provided by or in any event which occurred subsequently to the citation to which if

refers to the previous article and that, pursuant to articles 729 and following, is a reason

legitimate opposition.

Article 876.

Violation of obligation, when this one has by object a negative fact

1-When the obligation of the debtor consists in not practicing some fact, the creditor may

apply for, in the case of violation, that this be verified by means of expertise and that the judge

order:

a) The demolition of the work that eventually took place;

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b) The compensation of the exequent for the injury suffered; and

c) The payment of the amount due for the title of compulsory pecuniary penalty, in

that the debtor has been already convicted or whose fixation the creditor intends to obtain

in the execution.

2-The executed is cited for, within 20 days, deducting opposition to the execution, upon

embargoes, pursuant to Articles 729 and following; the opposition to the demolition application

may merge into the fact that this represents for the performed injury

considerably higher than the one suffered by the exequent.

3-Finishing by the existence of the violation, the expert must indicate soon the importance

likely of the expenses that matters the demolition, if this has been required.

4-A opposition founded on which demolition will cause to run injury

considerably higher than what the work caused to the exequent suspending the execution,

next to the forensics, even if the executed does not provide collateral.

Article 877.

Subsequent terms

1-If the judge acknowledges the lack of fulfillment of the obligation, he orders the demolition of the work to the

it costs from the executed and the compensation of the exequent, or fixed only the amount of this

last, when there is no place for demolition.

2-Seat thereafter, with the necessary adaptations, the terms prescribed in Articles 869.

at 873.

BOOK V

Of the special processes

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Title I

Tutelage of personality

Article 878.

Assumptions

The enactment of concretely appropriate arrangements may be required to prevent the

consummation of any illicit and direct threat to the physical or moral personality of being

human or to attenuate, or to make a cessation of, the effects of the offence already committed.

Article 879.

Later terms

1-Presented the application with the offer of the evidence, if there is no motive

for your preliminary injunction, the court immediately designates day and time for the

hearing, to be held in one of the subsequent 20 days.

2-A contestation is presented at the hearing itself, in which, if this is shown to be compatible

with the object of the dispute, the court seeks to reconcile the parties.

3-In the absence of any of the parties or if the attempt at conciliation frustrates, the court

it orders the production of proof and then decides, by sentence, succinctly

substantiated.

4-If the application is judged proceeded, the court determines the concrete behavior to

that the respondent becomes subject and, being the case with, the deadline for compliance, well

as the periodic penalty payment penalty for each day of delay in compliance or by

each infraction, as it is more convenient to the circumstances of the case.

5-An interim decision may be delivered, irrecurrable and subject to further amendment or

confirmation in the process itself, if the application allows to recognize the possibility

of impending and irreversible injury of physical or moral personality and if, in the alternative:

a) The court cannot form a secure conviction on the existence, extension,

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or intensity of the threat or the consummation of the offence;

b) Justifiable reasons for special urgency to impose the enactment of the

providence without prior hearing from the opposing party.

6-When it has not been heard before the provisional decision, the defendant podecontest, in the

period of 20 days, to be counted from the notification of the decision, applying, with the necessary

adaptations, the provisions of the n. paragraphs 1 a to 4.

Article 880.

Special regimes

1-The resources interposed by the parties should be processed as urgent.

2-A The execution of the decision is made officiously and on the autos themselves, whenever the

executive measure integrates the realization of the decreed providence, and is accompanied by the

immediate settlement of the compulsory pecuniary penalty.

Title II

From the justification of absence

Article 881.

Petition-citations

1-Who wants the definitive curatorship of the assets of the absent deduct the facts that

characterize the absence and give it the quality of interest and requires that they be

quoted the holder of the goods, the provisional curator, the administrator or procurator, the

Prosecutor's Office, if it is not the applicant, and any certain interested parties and, by

edicts, the absent and the unsure interested.

2-The absentee is cited for six-month edices; the process follows in the meantime its terms,

but the sentence is not handed down without finalizing the term of the edicts.

3-The process of justification of absence is dependence on the curatorship process

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provisional, if this has been dewound.

Article 882.

Later joints

1-The citations may contest within 30 days, and the author may replicate, if it is

inferred some exception, within 15 days, from the date on which it is or if

consider notified the submission of the dispute.

2-The evidence is offered or required with the joints.

Article 883.

Later terms to the joints

1-After the joints, or fined the time frame within which it could have been offered the

contestation of those cited personally and of the unsure interested, the

evidence and collected the necessary information.

2-Elapsed the time limit of the missing citation, is handed down decision, which judges justified or

not the absence.

Article 884.

Publicity of the sentence

1-A sentence that adjudicates justified absence produces no effect without due process four

months about its publication by edital affixed at the door of the headquarters of the freguish joint

of the last domicile of the absent and by advertisement inserted in one of the most read newspapers in the

comprised that this freguesia belongs and also in one of the newspapers in Lisbon or the

Port, that there are more read.

2-Just the publication of the advertisement in the newspaper of Lisbon or Porto, if in the comarch no

there is newspaper.

Article 885.

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Knowledge of the will of the absent

1-Elapsed the time limit set in the previous article, requests the competent department

information on whether the absentee left will.

2-Havendo testament, is requested certificate of it, if it is public, or orders its

opening, if it is cerrado, providing for this to be presented to the entity

competent with the certificate of the order that has ordered the opening; open and

registered the cerrado will, is joins the process the respectful certificate.

3-When by the will show that the applicant lacks the legitimacy to ask for the

justification, the action only proceeds if any interested require it.

Article 886.

Justification of absence in the case of presumed death

The process of justifying the absence regulated in articles 881 to 885 is also

applicable to the case that the interested parties wish to obtain the declaration of the presumed death of the

absent and the succession in the goods or the delivery of them, without prior institution of the curatorship

definitive.

Article 887.

News of the existence of the absent

As soon as there is founded news of the existence of the absent and the place where it resides, the same is

notified that their assets are in curatorship and that they are thus continuing while he

not arrange.

Article 888.

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Cessation of curatorship in the case of absentee attendance

1-If the absent attend or if he does represent by proxy and wants to make a cessation of

curatorship or ask for the return of the goods, requires, in the process in which the delivery has taken place,

that the trustees or the possessors of the goods are notified to, in 10 days,

restitute the goods or deny their identity.

2-Not being denied identity, immediately takes delivery of the goods and ends the

curatorship, should it exist.

3-If the identity of the applicant is denied, this justifies it within 30 days; the

notified may challenge within 15 days and, produced the evidence offered with

those articulated and carried out any other representations that are thought to be necessary,

is delivered decision.

Article 889.

Settlement of the liability referred to in Article 119 of the Civil Code

If the absentee is entitled to be the price received by disposed goods after declared the

his presumed death, that price is settled in the process in which if there is the delivery of the

goods and in the applicable terms of Articles 358 and following.

Article 890.

Cessation of curatorship in other cases

Joins the process certifying the passing away of the absent, or declared to be

presumed death, any interested may ask that the curatorship be given as a finda and

by extinction the surety that the definitive curators hajam provided.

Title III

From interdictions and inabilitations

Article 891.

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Initial petition

In the initial petition of the action in which it requires the interdiction or inabilitation, it must the author, then

of deducing its legitimacy, mention the revealing facts of the fundamentals

invoked and the degree of disability of the interditing or inability-making and indicating the people

that, according to the criteria of the law, should compose the family council and exercise the guardian or

curatella.

Article 892.

Advertising of the action

Presented the petition, if the action is in a condition to proceed, the judge determines the

erection of edibles in the court and at the seat of the freguesia board of the residence of the respondent,

with mention of the name of this and the object of the action, and it is published, with the same indications,

advertisement in one of the most read newspapers in the judicial circumscription constituency.

Article 893.

Citation

It is applicable to the citation the provisions of the general part; the quotation by post does not, however, have

cabling, save when the action is based on mere prodigality of the inabiliteness.

Article 894.

Representation of the required

1-If the citation cannot be effected, by virtue of the respondent

unable to receive it, or if he, despite regularly cited, does not have

constituted mandatary within the period of dispute, the judge designates, as a curator

provisional, the person to whom it is likely to compete the tutelage or the curatelle, which does not

be the applicant, which is cited for contesting in representation of the defendant; not the

doing, the provisions of Article 21 shall apply.

2-If it is constituted judicial mandatary by the defendant or the curatorial respect

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provisional, the Public Prosecutor's Office, when it is not the applicant, only has intervention

accessory in the process.

Article 895.

Articulated

To the contestation, when there is, the following are followed by the remaining joints admitted in proceedings

common.

Article 896.

Preliminary evidence

When dealing with interdiction action, or of inabilitation not founded on mere

prodigality, proceeds, finishes the joints, to the achievement of the expert examination to the respondent

and, there has been contestation, to his interrogation.

Article 897.

Interrogation

The interrogation has at an end to ascertain the existence and degree of disability of the

required and is made by the judge, with the assistance of the author, of the representatives of the defendant and

of the expert or appointed experts, and may any of those present suggest the formulation of

certain questions.

Article 898.

Expert examination

1-When to speak out for the necessity of the interdiction or inabilitation, the report

expert should need, where possible, the kind of affection that it suffers from the defendant,

the extent of its incapacity, the likely date of the beginning of this and the means of

proposed treatment.

2-It is not admitted second examination at this stage of the process, but when the experts do not

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reach a secure conclusion about the capacity or incapacity of the respondent, it is

heard the applicant, who can promote examination at a specialty clinic, by the

respect director, holding yourself accountable for the expenses; for this purpose it may be

authorized the internment of the respondent for the indispensable time, never surplus to

one month.

3-When there is room for questioning, the examination of the respondent must take place immediately,

where possible; and may immediately form safe judgment, the findings of the

expertise are dictated to the minutes, fixating, in the contrary case, deadline for the delivery of the

report.

4-Within the marked deadline, the examination at the most appropriate place can continue and

proceed to the representations that are required to be required.

Article 899.

Terms after the interrogation and examination

1-If the interrogation, when to it there is place, and the examination of the respondent provide

sufficient elements and the action has not been challenged, can the judge enact

immediately the interdiction or inabilitation.

2-In the remaining cases, the terms of the common process, subsequent to those, follow the

articulated; being ordered in the stage of instruction new medical examination of the respondent,

The provisions relating to the first examination apply.

Article 900.

Provisional arrangements

1-At any time in the process, may the judge, officiously or at the author's application

or from the representative of the respondent, utters provisional decision, in the autos themselves, in the

terms provided for in Article 142 of the Civil Code.

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2-From the decision enacting the provisional providence rests with the appellate, pursuant to paragraph 2 of the

article 644.

Article 901.

Content of the sentence

1-A sentence that decrees, definitive or provisionally, the interdiction or the inabilitation,

depending on the degree of disability of the respondent and regardless of whether he / she has asked

one or the other, fixed, whenever it is possible, the date of the beginning of the incapacity and

confirms or designates the tutor and the protutor or the curator and, if it is necessary, the

subcurator, summoning the family council, when it should be heard.

2-In the case of inabilitation, the sentence specifies the acts that must be authorized or

practiced by the curator.

3-If the interdiction or inabilitation is enacted in appeal, the appointment of the tutor and

protutor or the curator and subcurator is done in the 1 th instance, when downloading the process.

4-In the decision of the matter in fact, it should the judge officiously take into consideration all

the facts proved, even if not alleged by the parties.

Article 902.

Appeal feature

1-From the sentence of interdiction or definitive inabilitation may appeal to the representative of the

required; it may also appeal to the applicant, if it becomes overdue to the extent and

limits of disability.

2-A appellation has merely devolutive effect; subsists, however, on the established terms,

the procedural representation of the interdict or disabled, and may the tutor or curator

appointed to intervene also in the resource as an assistant.

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Article 903.

Effects of transit on trial of the decision

1-Passed on trial the final decision, the following is observed:

a) If it has been enacted the interdiction, or the inabilitation under Article 154.

of the Civil Code, are related in the process itself the assets of the interdict or

of the inabilit;

b) If it has not been enacted the interdiction nor inabilitation, knowledge is given

of the fact by editais affixed to the same sites and by advertisement published in the

even newspaper in which publicity has been given to the prosecution.

2-The tutor or curator may apply, after the transit of the sentence, to be cancelled, on the terms

of civil law, of the acts practiced by the respondent from the publication of the notice referred to

in Article 892; autuado by apenso the application, persons are cited directly

interested and follow the terms of the declarative common process.

Article 904.

Follow-up of the action even after the death of the respondent

1-Speaking the respondent in the course of the process, but after done the interrogation and

the examination, may the applicant ask for the action to proceed to the effect of checking if

existed and since when it dated the alleged incapacity.

2-Do not carry out in this case the habilitation of the heirs of the deceased, pursuing the cause

against whom in it represented him.

Article 905.

Lifting of interdiction or inabilitation

1-The lifting of interdiction or inabilitation is required by apenso to the proceedings in

that it was enacted.

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2-Increased the application respect, follow, with the necessary adaptations, the

terms set out in the previous articles, being notified to deduce opposition the

Prosecutor's Office, the author in the action of interdiction or inabilitation and the representative who

has been named to the interdict or inability-made.

3-A interdiction can be replaced by inabilitation, or this one by the one, when the new

situation of the incapable the justifies.

Title IV

From the provision of collateral

Article 906.

Application for the provision of collateral

The one who intends to demand the provision of collateral indicates, in addition to the fundamentals of

pretension, the value that should be cautioned, offering the evidence soon.

Article 907.

Citation of the required

1-The respondent is cited for, within 15 days, deducting opposition or offering collateral

idonea, and must indicate the evidence soon.

2-In the dispute may the defendant limit himself to impuging the value of the collateral required by the author;

if, however, only impugs this value, it should specify as soon as the way it intends

to provide the surety, under comination not to be admitted to the challenge.

3-Offering collateral by means of mortgage or income consignment, presents-

whether soon to be sure of the respective provisional record and the charges entered on the goods and

still the certificate of your colletable yield, if any.

Article 908.

Opposition of the required

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1-If the respondent disputes the obligation to provide collateral, or if, not deducting opposition, the

revealed to be inoperative, the judge, after realization of the necessary probatory representations,

decides on the provenance of the application and fixes the value of the collateral due, applying the

provisions of Articles 294 and 295.

2-Thereafter, it is the notified defendant to, in 10 days, offer the idopian collateral, following,

with the necessary adaptations, the willing about the offer of the surety or the

return to the author of the right to indicate the mode of his provision.

3-If the defendant has impugned only the value of the surety, the author impugna in the reply to

suitability of the warranty offered, pursuant to the provisions of the following article; to the decision

of the judge setting the value of the surety shall apply to the provisions of the preceding paragraphs.

Article 909.

Assessment of the idoneity of the collateral

1-Offer the surety or indicated the way to provide it, may the author, in 15 days,

challenge the suitability of the warranty, indicating as soon as the evidence that it disposes.

2-In the assessment of the suitability of the guarantee has been taken into account the depreciation that the goods

may suffer as a result of the forced sale, as well as the expenses that this may

entail.

3-Being impugned the suitability of the warranty offered, the judge proffers decision, after

realization of the necessary representations, by applying the provisions of Articles 294 and 295;

being the collateral offered inidophyde, the provisions of the following article shall apply.

Article 910.

Devolution to the applicant of the right to indicate the mode of provision of the collateral

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If the defendant does not contest, owing the disclosure to be considered to be operative, nor offer surety

idónea or indicate how you intend to provide it, return to the author the right to indicate the mode

of its provision, from among the modalities provided for in convention of the parties or in the law.

Article 911.

Provision of the surety

Fixed the value that should be cautioned and the species of the surety, this judge-if provided thereafter

of effecting the deposit or delivery of goods, or averaged as the definitive the registration of the

mortgage or consignment of income, or after constituted bail.

Article 912.

Lack of provision of the surety

1-If the defendant does not provide the security fixed at the time it is signed, it may the author

apply for the application of the penalty especially provided for in the law or, in the lack of provision

special, apply for mortgage registration or other idopian caution.

2-When the warranty to be incited on mobile things or non-susceptible rights of

mortgage, may the creditor require to proceed to the apprehension of the object to the object to

delivery to the holder of the warranty or a depositary, applying the precept as to the

realization of the penhour and being the guarantee havid as a pawn.

3-If, however, the goods that the author intends to affect exceed that necessary for sufficient

warranty of the obligation, the judge may, the defendant's application, after hearing the author and

carried out the indispensable representations, reduce the guarantee to their fair limits.

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Article 913.

Spontaneous collateral provision

1-Being the surety offered by the one who has an obligation to provide it, shall the author

indicate in the initial petition, in addition to the reason why it offers it and the value to be cautioned, the

mode why you want to provide it.

2-A person in favour of whom the collateral is to be provided is cited for, within 15 days,

impugt the value or suitability of the warranty.

3-If the cited do not deduce opposition, owing to disclosure to be considered operative, it is soon

an elderly judge the collateral offered; in the contrary, it applies, with the necessary

adaptations, the provisions of articles 908 and 909.

4-When the collateral is offered in replacement of legal mortgage, the debtor, in addition to

indicate the value of it and the way to provide it, formulates and justifies in the initial petition the application

of replacement and the creditor is cited to challenge this request as well, by observing,

as to the impugning of it, the provisions of the previous paragraph regarding the challenge

of the value and the idoneity of the collateral.

Article 914.

Collateral in favour of incapable

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

representatives of unable or absent, as to the rolled or inventoried goods, with

the following modifications:

a) The collateral is provided by dependance of the burp or inventory;

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b) If the representative of the unable or absent does not indicate the surety he offers,

observes the willing for the case of this representative not wanting or not

be able to provide the surety;

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

surety and the designation of the necessary representations are exercised by the board of

family, when this belongs to know of the surety.

Article 915.

Collateral as incident

1-The provisions of the preceding Articles shall also apply when in an outstanding cause

there is grounds for one of the parties to provide collateral in favour of the other, but the required

is notified, rather than being cited, and the incident is processed by apenso.

2-In the cases provided for in Article 704 (5), in Article 647 (4) and in paragraph 1 of the

article 733, the incident is urgent.

Title V

From consignment in deposit

Article 916.

Petition

1-Whoever intends the consignment in deposit requires, in the court of the place of the

compliance with the obligation, which is to be deposited judicially the amount or thing due,

stating the reason why it asks for the deposit.

2-The deposit is made in the General Deposit Box, save if the thing can't be there

deposited, as in that case it is appointed depositary to whom the delivery is made; they are

applicable to this depositary the provisions relating to the depositaries of things

pawned.

3-Dealing with periodic benefits, once the first, the applicant may

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deposit those that if they are winning while pending the process, without

need to offer the payment and without other formalities; these deposits

successive are considered as a consequence and dependence on the initial deposit and what is

decided as to this valley in relation to those.

4-If the process has risen in appeal, successive deposits can be made in the 1 th

instance, yet it has not been trasched.

Article 917.

Citation of the creditor

1-Made the deposit, the creditor is cited for contesting within the 30-day time frame.

2-If the creditor, when it is cited for the consignment process, has already proposed action

or promoted execution concerning the obligation, the following is observed:

a) If the amount or thing deposited is the order sought in the action or the execution, it is this

attached to the consignment process and only this one follows in order to decide on the

effects of the deposit and on liability for the expense, including those of the action

or execution apensa;

b) If the amount or thing deposited is diversely, in quantity or quality, than

is requested in the action or execution, is the consignment process, finishes the

articulated, attached to that of the action or execution and in this are appreciated the questions

raised as to the deposit.

Article 918.

Lack of contestation

1-If it is not presented contestation and the revelation is operative, it is soon declared extinct to

obligation and convict the creditor at the expense.

2-If the revelation of the creditor is inoperative, the applicant is notified to present the

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evidence that has; produced these and those that the judge considers necessary, is prowound

decision, applying the provisions of Articles 294 and 295.

Article 919.

Fundamentals of impugning

The deposit can be challenged:

a) For being inaccurate the reason cited;

b) By being larger or diversely the amount or thing due;

c) For having the creditor any other legitimate grounds for refusing payment.

Article 920.

Non-existence of litigation on the provision

1-If the liberatory efficacy of the deposit is impugned only by some of the

fundamentals indicated in the points a) and c) of the previous article, follow the terms of the

common process of declaration subsequent to the contestation.

2-Proceeding of the imputation, is the deposit declared ineffective as means of extinction of the

obligation and the applicant convicted at the expense, understanding the expenses made with

the deposit; the debtor, when the depositor is the depositor, is sentenced to comply as if the

deposit did not exist and, paid the expense, effectuate the payment to the creditor by the forces

of the deposit, as soon as he rewants it; at the expense of the action, the responsibility of the

debtor, they also understand the expenses that the creditor there is to do with the

survey of the deposit.

3-If the imputation improceed, it is declared extinguished the obligation with the deposit and

doomed the creditor at the expense.

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Article 921.

Dispute concerning the object of the provision

1-When the creditor impugses the deposit for understanding that it is larger or diversely the object of the

provision due, deducted, in reconvention, your claim, as long as the depositor is

the debtor, following the terms, subsequent to the contestation, of the common process of

statement; if the depositor is not the debtor, the provisions of the preceding article shall apply,

with the necessary adaptations.

2-If the creditor's request proceed, the deposit is completed, in the case of being larger a

amount or thing due; in case it is diversely, it goes without effect the deposit, convicting-

if the debtor in the fulfilment of the obligation.

3-The creditor who posits executive title, rather than contesting, may require, within the

term provided for the contestation, the quotation of the debtor, whether or not the depositor, to

within 10 days complete or replace the provision, under penalty of following, on the same

process, the terms of the respect execution.

Article 922.

Process in the case of being doubtful the right of the creditor

1-When they are known, but doubtful their right, they are the various creditors cited

to contest or to make right your right.

2-If, within the 30-day period, no opposition or pretension is deducted,

it is observed the provisions of Article 918, by assigning to the creditors cited right to the

deposit in equal parts, when the judge does not decide amusingly, pursuant to paragraph 2

of that article.

3-If there is no dispute, but one of the creditors wants to make it right against

the others, deduct your claim within the time frame you could contest, offering

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so many duplicates how many are the other creditors cited; the debtor is soon

exonerated from the obligation and the process continues to run solely among the creditors,

by following the terms of the common declaration process; the deadline for the dispute

of the creditors runs from the term of the one in which the claim could be deducted.

4-Havendo contestation, follow the terms prescribed in the preceding Articles, as per

the plea.

5-With the imputation founded in the letter b) of Article 919 may any creditor cumulate to

pretension referred to in paragraph 3; in that case they become existing in the same process two

parallel and related causes, one between the impurient and the debtor, another between the one and the

remaining creditors cited.

6-When the pretension is deducted by electronic transmission of data, the creditor is

dispensed with submitting the duplicates referred to in paragraph 3.

Article 923.

Deposit as an act preparatory act

1-The deposit for the purposes of Article 474 of the Commercial Code and provisions

similar is mandated to make the application of the person concerned; made the deposit, is

notified the person with whom the depositor is in conflict.

2-The deposit does not admit any opposition and its expense is met in the action that if

propuser, by apting to this the deposit process.

3-Unless express agreement between the depositor and the notified, the deposit may not be

raised otherwise by virtue of the sentence handed down in the action referred to in the number

previous.

4-In the fixed sentence-if the fate of the deposited thing and determine the conditions of its

surveying.

Article 924.

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490

Consignment as an incident

1-Staging pending action or execution on the debt and having already been cited for it the

debtor, if the latter wants to deposit the amount or thing that judges duty, there is-to apply for, by

that process, that the creditor is notified to receive it, by term, on the day and time that

are designated, under penalty of being deposited; made the notification, observe-seathe following:

a) If the creditor receives without reservation any, the process finishes; the creditor is cautioned

of this effect in the act of payment, by the expiry of the warning made;

b) If you receive with the declaration that you judge yourself with a right to the greatest amount, the

cause continues, but the value of it is reduced to the amount in litigation, owing

follow, as far as possible, the terms of the process corresponding to that value;

c) By not performing the creditor to be received, the obligation has gone by extinct to count

of the date of the deposit, if the final comes to be judged that the creditor was only entitled to the

amount or thing deposited; if it comes to judge-if the contrary, follows the willing

n Article 921 (2).

2-The provisions of the preceding paragraph shall apply to the cases provided for in Article 30 (2) of the

Code of Commercial Societies and still to the case of cessation of the Paulian imputation

founded on offering the payment of the debt.

Title VI

From the division of common thing

Article 925.

Petition

All the one who intends to put an end to the indivision of common thing requires, in the confrontation of the

too many consorts, which, fixed the respective quotas, will proceed to the division in substance of the

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common thing or to the adjudication or sale of this, with apportionment of the respect value, when the

consider indivisible, indicating soon the evidence.

Article 926.

Citation and opposition

1-The required are cited for contesting, within 30 days, offering soon as

evidence that they dispose.

2-If there is contestation or the disclosure is not operative, the judge, produced the evidence

necessary, it shall soon make a decision on the issues raised by the application for division,

applying for the provisions of Articles 294 and 295; of the decision handed down is appealing,

which rises immediately, in the autos itself and with suspensive effect.

3-If, however, the judge finds that the matter cannot be summarily decided, as per

the precept in the preceding paragraph, sends following the terms, subsequent to the contestation,

of the common process.

4-Still that the parties do not have raised the issue of indivisibility, the judge knows

of it officiously, determining the realization of the instructional representations that if

show necessary.

5-If the issue of indivisibility has been raised and there is place for the production of proof

expert, the experts are soon commenting on the formation of the various quintuses, when

conclude by divisibility.

Article 927.

Expertise, in the case of division in substance

1-If there is no contest, being the revealing operant, or that one is adjudicated

improcedent and the judge understand that nothing obstinates the division in substance of the common thing,

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are the parties notified to, in 10 days, to indicate the respective expert respects, under

comination of, none of them doing so, the expertise aimed at the formation of the quinons

be carried out by a single expert, designated by the judge.

2-The parties are notified of the expert report, and may ask for clarification or against

him to complain, within 10 days.

3-Thereafter, the judge decides on its prudent arbitrium, and may make precedent-setting

decision of the realisation of second expertise or any other representations that it considers

required, applying the provisions of Articles 294 and 295.

Article 928.

Indivisibility aroused by forensics

If it has not been raised the issue of indivisibility, but the expertise concludes that the thing

may not be divided into substance, the terms provided for in paragraphs 2 and 3 of the article

previous, with the necessary adaptations.

Article 929.

Conference of stakeholders

1-Fixed the quinlions, conference of stakeholders is held to make the award;

in the lack of agreement among those interested in attendance, the award is made by draw.

2-Being the individual thing, the conference is in view of the agreement of those interested in the

respects adjudication to some or some of them, filling in cash the quotas

of the remaining. In the lack of agreement on adjudication, it is the thing sold, and the

consorts run for sale.

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3-If there are any unwilling or absent stakeholders, the agreement has to be authorized

judicially, heard the Public Prosecutor's Office.

4-The agreement of the interested parties obliges those who do not appear, save if not

have been notified, owing to it. In the notification of the people summoned do

mention of the object of the conference

5-Reclamated the payment of the tornas, the person concerned that there is to be paid, is notified

to deposit them.

6-Not being taken down the deposit, can the reclaim ask for the thing to be

adjudicated, provided that it immediately deposite the importance of the tornas that, by

virtue of adjudication, have to pay.

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

them on the award, the provisions of the second part of paragraph 1 shall apply.

8-Can also the complaintingly ask that, carried forward on trial of the sentence, proceed in the

same process for the sale of the thing.

9-Not being claimed payment, the torns win legal interest since the date of the

sentence and creditors can register legal mortgage on the thing.

Article 930.

Division of waters

The provisions of the preceding Articles shall apply, with the necessary adaptations, to the division of

waters.

Title VII

From divorce and separation without consent from the other spouse

Article 931.

Attempt to conciliation

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1-Submitted the petition, if the action is in a condition to proceed, the judge designates day

for an attempt at conciliation, being the notified author and the defendant cited for

appear in person or, in case they are absent from the mainland or the island

where to run the process, if they make themselves represented by mandatary with special powers,

under penalty of fine.

2-Being present both parties and not being possible for their conciliation, and not having

result the judge's attempt to obtain the agreement of the spouses for divorce

or separation by mutual consent, the judge sought the agreement of the spouses

how much food and for the regulation of the exercise of parental responsibilities

of the children. Search still to obtain the agreement of the spouses as to the use of the house of

family address during the pendency period of the process, if any.

3-In the attempt at conciliation, or at any other time in the process, the parties may

waking up in the divorce or separation of persons and goods by mutual consent, when

if you check the necessary assumptions.

4-Established the agreement referred to in the preceding paragraph, follow in the process itself,

with the necessary adaptations, the terms of Articles 994 and following; being decreed

the divorce or the definitive separation by mutual consent, the costs in debt are

paid, in equal parts, by both spouses, unless otherwise convention.

5-Failing some or both parties, or not being possible for their conciliation or the

hypothesis to which aludes paragraphs 3 and 4, the judge orders the notification of the respondent to contest in the

deadline of 30 days; in the act of the notification, to do so immediately, surrender to the respondent the

duplicated from the initial petition.

6-In the event that the defendant finds himself absent in an uncertain part, once fulfilled the willing

in Article 236, the designation of the day for the attempt at conciliation is without effect, being

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ordered the edital citation of that to contest.

7-At any time in the process, the judge, on his own initiative or on the application of

any of the parties, and if it considers it convenient, may fix an interim

as for food, as to the regulation of the exercise of parental responsibilities of the

children and how much to the use of the family home; for both the judge can,

beforehand, order the realization of the representations that it considers necessary.

Article 932.

Judgment

The deadline for the submission of the dispute, the terms of the case shall follow.

common.

Title VIII

From special execution by food

Article 933.

Terms that follow

1-In the execution by food delivery the exequent may apply for the award of

part of the amounts, maturities or pensions that the executed is noticing, or the

consignment of income belonging to this, for payment of benefits

overdue and vincense, making up for adjudication or consignment regardless of

pahours.

2-When the exequent requires the award of the amounts, salaries or pensions to which

refers to the previous number, is notified to the entity charged with paying them or

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process the respective leaves to deliver directly to the exequiting the adjudicated party.

3-When it requires the consignment of income, the exequent indicates soon the goods on

that there is-from recair and the execution agent effectuates it relatively to those it considers

bastants to meet the benefits accrued and vincende, and may for the purpose of listening

the executed.

4-A consignment mentioned in the previous figures procures in the terms of the articles

803. and following, with the necessary adaptations.

5-The executed is always cited after effecting the hangs and its opposition to the execution

or the penhour does not suspend the execution.

Article 934.

Insufficiency or excess of the income consignments

1-When, the consignment is effected, show that the income consigned are

insufficient, the exequent may indicate other goods and return to proceed under the terms of the

n. 3 of the previous article.

2-If, on the contrary, it comes to show that the yields are excessive, the exequent is

thank you to deliver the excess to the executed, as you receive it, and may also the

performed require that the consignment be limited to part of the goods or transfer to

others.

3-The provisions of the preceding paragraphs shall also apply, depending on the circumstances,

to the case that the alimony is to be changed in the process of execution.

Article 935.

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Cessation of execution by provisional food

The execution by interim food cesses whenever the fixing of them is without effect,

by lapse of providence, in the general terms.

Article 936.

Process for the cessation or alteration of food

1-Havendo execution, the request for a cessation or alteration of the food provision shall

be deducted by apenso to that process.

2-Dealing with provisional food, we observe them terms equal to those of Articles 384 and

following.

3-Treating definitive food, are the interested parties summoned to a

conference, which take place within 10 days; if they reach agreement, it is this logo

homologated by sentence; in the contrary case, the application shall be challenged within the term of

10 days, following the contestation of the terms of the declarative common process.

4-The process set out in the preceding paragraph shall apply to the cessation or alteration of the

Judicially fixed food, when there is no execution; in this case, the

request is deducted by reliance on the sentencing action.

Article 937.

Guarantee of vincend benefits

Sold goods for payment of a food debit, must not order the

restitution of the leftovers from the run to the executed without showing up the

payment of the vincende benefits up to the amount that the judge, in terms of fairness,

consider appropriate, unless collateral or other idopian warranty is provided.

Title IX

From settlement of the vacant inheritance to the benefit of the State

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Article 938.

Citation of the uncertain stakeholders in the case of jacketed inheritance

1-In the case of jacent inheritance, by not being known the successors, by the Ministry

Public to claim to contest the legitimacy of those who present themselves, or by the

known successors haves repudiated inheritance, take action

necessary to ensure the conservation of the goods and then are cited, by ésaid,

any interested unsure to deduce your habilitation as successors within

of 30 days after finalizing the term of the edicts.

2-Any habilitation can be challenged not only by the Public Prosecutor's Office, but also

by the other habilitands in the 15 days following the deadline marked for the offer

of the habilitation articles.

3-The contestation follows the terms of the declarative common process.

Article 939.

Settlement in the case of vague inheritance

1-A inheritance is declared vacant for the State if no one appears to be able to or if

decay all who present themselves as successors.

2-Feel the declaration of the right of the State, proceeds to the liquidation of the inheritance, charging-

whether the active debts, by selling the goods judicially, by satisfying the liability and

awarding the state the remainder.

3-The Public Prosecutor's Office proposes, in the competent court, the necessary actions for collection

coercion of active debts of inheritance.

4-Public funds and real estate are only sold when the product of the others

goods does not arrive for payment of the debts; may still the Public Prosecutor's Office,

relatively to any other goods, the value of which is not required to pay debts

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of the inheritance, require that they be awarded in kind to the State.

Article 940.

Process for the claim and verification of the credits

1-The creditors of the inheritance, who are known, are quoted personally to complain

your credits, within 15 days, proceeding further to the edital citation of the creditors

unknown.

2-The complaints form an apenso, then observing the provisions of Articles 789.

a 791.; they may also be challenged by the Public Prosecutor's Office, which is notified of the

dispatch that receives them.

3-If, however, the court is incompetent, in the grounds of matter, to know from some

credit, it is this required, by the means of its own, in the competent court.

4-If any creditor has outstanding declarative action against inheritance or against the heirs

unsure of the deceased person, this is continuing in the competent court, empowing the

Prosecutor's Office for with him to follow the terms of the cause, but suspending himself to

global graduation of the credits in the main process until there is final decision.

5-If executive action is pending, the representations intended for the realization are suspended

of the payment, in respect of the goods that the Public Prosecutor's Office related to, being

the execution attached to the liquidation process, if there are no others executed and soon

that if show trial the embargos eventually deducted, to which the

provisions of the previous number.

6-The executive requirement is worth, in the case of the apensation provided for in the preceding paragraph,

as a claim for the required credit.

7-It is admitted to claim your credit, even after finalizing the time of the complaints,

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any creditor who has not been notified personally, as it is still

pending liquidation; if this is already finder, the creditor only has action against the State till

to the importance of the remainder that has been awarded to it.

Title X

From the provision of accounts

CHAPTER I

Accounts in general

Article 941.

Object of the action

Accountability action may be proposed by those who have the right to demand them or

by whom it has a duty to provide them and has the object of the clearance and approval of the

revenue obtained and the expenses incurred by those administering alheios and the eventual

conviction in the payment of the balance that comes to be ascertained.

Article 942.

Citation for the provision of accounts

1-The one who intends to demand accountability requires the quotation of the defendant to, on the deadline

of 30 days, the presenting or contesting the action, under comination of not being able to deduce

opposition to the accounts that the author presents; the evidence is offered with the joints.

2-If the defendant does not want to contest the accountability obligation, he / she may ask for the

grant of a longer time frame to present them, justifying the need for the

prolongation.

3-If the respondent disputes the obligation to account, the author can respond and, produced

the necessary evidence, the judge immediately proffers decision, applying the provisions of the

articles 294 and 295; if, however, finishes the joints, the judge finds that the matter does not

can be summarily decided, sends following the subsequent terms of the process

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common suitable to the value of the cause.

4-From the decision handed down on the existence or non-existence of the obligation to account

it's up to appeal, which goes up immediately, on the autos itself and with suspensive effect.

5-Deciding that the respondent is obliged to account, is notified to present them

within 20 days, under penalty of not being allowed to contest those that the author presents.

Article 943.

Terms to follow when the respondent does not present the accounts

1-When the respondent does not present the bills within the due date, may the author present-

las, in the form of current account, in the 30 days subsequent to the notification of the lack of

presentation, or require extension of the deadline to present them.

2-The defendant is not admitted to contesting the submitted accounts, which are adjudicated by the

prudent arbitrio of the adjudicator, after obtained the information and made the enquiries

convenient, and may be tasked with the elderly person of giving advice on all or part

of the monies entered by the author.

3-If it has been quoted editorially and is revel, the respondent may, until the sentence, present yet

the accounts, following, in this case, the provisions of the following articles.

4-If the author does not present the accounts, the respondent is acquitted of the instance.

Article 944.

Presentation of the accounts by the respondent

1-The accounts that the respondent must provide are presented in account form-current and in them

whether it specifies the provenance of the revenue and the application of the expenditure, as well as the

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respective balance.

2-A failure to comply with the provisions of the preceding paragraph when not corrected within the period that

is fixed officiously or upon complaint by the author, may determine the rejection

of the accounts, following the provisions of paragraphs 1 and 2 of the preceding Article.

3-The accounts are presented in duplicate and instructed with the justifying documents.

4-A enrollment in the accounts of the revenue monies makes evidence against the defendant.

5-If the accounts present balance in favour of the author, it may this require that the defendant be

notified to, within 10 days, pay the importance of the balance, under penalty of, by

apenso, if you proceed the penhour and if you follow the later terms of the execution by

right amount; this application does not preclude the author from deducing against the accounts a

opposition that understand.

Article 945.

Assessment of the accounts presented

1-If the respondent submits the accounts in time, it may the author contest them within 30 days,

by following the terms, subsequent to the contestation, of the declarative common process.

2-In contention can the author impugt the revenue monies, claiming that this was or

should have been superior to the inscribed, articulate that there is revenue not included in the accounts or

challenge the expenditure monies presented by the respondent; it may also limit itself to demand

that the respondent justifies the revenue or expense monies it indicates.

3-Not being the contesting accounts, is notified the defendant to offer the evidence that

understand and, produced these, the judge decides.

4-Being challenged some monies, the offer and the production of the evidence concerning the

non-contested monies take place along with those relating to the monies

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contestations.

5-The judge orders the realization of all indispensable representations, deciding second the

your prudent arbitrio and the rules of experience, and may consider justified without

documents the revenue or expense monies in which it is not customary to demand them.

Article 946.

Spontaneous provision of accounts

1-Being the accounts voluntarily offered by the one who has an obligation to provide them,

is cited the opposing party for contesting them within 30 days.

2-It shall apply in this case the provisions of the previous two Article, and shall be deemed to

referred to the author what there establishes as to the respondent, and conversely.

Article 947.

Accountability for dependence on another cause

The accounts to be provided by legal representatives of unable, by the head-of-couple and by

judicially appointed administrator or depositary are premised on reliance on the

process in which the appointment has been made.

CHAPTER II

Accounts of the legal representatives of incapable and of the judicial depositary

Article 948.

Spontaneous provision of tutor or curator accounts

The accounts presented by the tutor or the curator shall apply to the provisions of the Chapter

antecedent, with the following modifications:

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a) They are notified to contest the Public Prosecutor's Office and the protutor or subcurator,

or the new tutor or curator, when there is, and may contest in the same

term any inheritable relative of the interdict or inability-made;

b) There is no dispute, the judge may order, officiously or the

application from the Public Prosecutor's Office, the necessary representations and in charge

idonea person to give advice on the accounts;

c) Being the contested accounts, the terms of the common process follow

declarative;

d) The disabled is heard about the accounts provided.

Article 949.

Forced accountability of accounts

1-If the tutor or curator does not spontaneously pay the bills, it is cited for the

present within 30 days, the application by the Public Prosecutor's Office, of the protutor, of the

subcurator or any of the incapable relative of the incapable; the time limit may be extended,

when the extension is justified by judgements of fairness.

2-Being the accounts presented in time, follow the terms indicated in the article

previous.

3-If the accounts are not submitted, the judge orders the representations he / she has for

convenient, and may, in particular, task the elderly person of ascertaining them to,

finally, decide second judgements of fairness.

Article 950.

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Accountability, in the case of cessation of disability or demise of the

unable

1-The accounts that are to be provided to the former tutelor or ex-curatelate, in the cases of

majoritity, emancipation, lifting of interdiction or inabilitation, or its

heirs, in the case of demise, follow the terms prescribed in the previous chapter,

owing to be heard, however, before the trial, the Public Prosecutor's Office and the

protutor or the subcurator, when there are.

2-A The impugning of the accounts that have been passed during the incapacity does in the

own process in which they were premised.

3-A impugment is always deducted in the common court, the process of providing

requisitioned to the court where it proceeded.

Article 951.

Other cases

The previous articles are applicable, with the necessary adaptations:

a) To the accounts to be provided in the case of Art. 1920 (2) of the Civil Code;

b) To the accounts of the administrator of goods of the minor;

c) To the accounts of the adopter.

Article 952.

Provision of accounts of the judicial depositary

1-The accounts of the judicial depositary are premised or required in the applicable terms of the

articles 948 and 949; they are notified for the contesting and may require them both the person

that required the process in which the appointment of the depositary was made, as the one against

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who diligence has been promoted and any other who have direct interest in the

administration of the goods.

2-The depositary must account annually, if before it does not finish its

administration, but the judge, attending to the state of the process in which it took place

appointment, may authorize the accounts to be premised only at the end of the

administration.

Title XI

Regulation and allocation of maritime avairies

Article 953.

Terms of the regulation and apportionment of avairies when there is compromise

1-The captain of the vessel intending to regulate and apportionment of thick avices presents

in the court of appointment signed by all interested parties as to the appointment of

repartiers in odd number not exceeding five.

2-The judge orders the delivery to the eldest of the repartiers the report of mar, the protest,

all the board books and more documents concernin the sinister, the ship and the

load.

3-Within the time limit set in the commitment or designated by the judge, the repartiers exposes

developmentally its opinion on the regulation of avairies, in a single act signed by

all. The time limit may be extended, justifying its insufficiency.

4-If the parties have not expressly waived any opposition, presented the

opinion of the repartiers, of it are notified, and may ask for clarification or against

he complains, within 10 days; Thereafter, the judge decides according to his prudent

arbitrio, may make preceding the decision of the realization of second expertise or of

any other representations it deems necessary, applying the provisions of the

articles 293, 294 and 295. In the case of resignation, it is soon approved the opinion of the

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repartiers.

5-Observation of the same terms when, because of lack of initiative of the captain, regulation and

apportionment shall be promoted by the owner of the ship or by any of the owners of the

load. In the event that the applicant does not submit the documents mentioned in paragraph 2, it is

notified the captain of the vessel to, within the time limit for it, submit them, under penalty

of being apprehended; the process follows even without the said documents, which are

replaced by the elements that can get it.

Article 954.

Cancellation of the process for lack of intervention in the commitment, of some

interested

If it comes to be ascertained that in the compromise it did not intervene any interested, it is, the application

of this, nullified everything that has been processed. The application can be made in any

time, even after transiting on trial the sentence, and it is together with the process of

regulation and allocation.

Article 955.

Terms to be followed in the lack of commitment

1-In the lack of commitment, the captain or any of the owners of the ship or the cargo

require that you assign yourself day to the appointment of the repartiers and to cater to the interested

for this appointment

2-If the parties do not agree on the appointment, the captain or, in his absence, the

representative of the shipowner of the ship, name one, those interested in the respect

appoints another and the judge appoints a third party to tie-tie.

3-Feel the appointment, follow the terms prescribed in Article 953.

Article 956.

Limitation of the scope of the intervention in the commitment or the appointment of the

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repartiers

The intervention in the compromise or the appointment of the repartiers does not matter

recognition of the nature of the avairies.

Article 957.

Hypothesis of some foreign interested being revel

If in regulation and apportionment is interested some foreigner who is revel, as soon as

is verified the revelation is warned, by way of trade, the consular agent of the respect

nation, in order to represent, wanting, its nationals.

Article 958.

Deadline for the action of raucous avarias

The action of thick avices can only be brought up within one year, from the discharge, or,

in the case of full relief of the cargo, from the arrival of the vessel to the port of destination.

Title XII

Reform of autos

Article 959.

Petition for the reform of autos

1-Having been destroyed or having disappeared some process, may any of the parties

apply for retirement, in the court of the cause, stating the state in which this was found

and mentioning, according to your recollection or the elements you possess, all the

susceptible indications of contributing to the reconstitution of the process.

2-The application is instructed with all copies or parts of the destroyed process or

de-forwarded, of which the author possesses, and with the proof of the fact that determines the

reform, made by declaration of the person in power of whom the autos were thought to be

moment of destruction or extravio.

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Article 960.

Conference of stakeholders

1-The judge marks day for the conference of those interested, if, heard the office, judging

justified the fact that motivates the reform, and orders the citation of the other parties that

interstices in the previous process to appear on that day and present all the

duplicates, counterfeits, certiplets, documents and other papers concerning the autos that se

intends to reform.

2-A The conference is presided over by the judge and in it is also presented by the secretariat all the

that there is archived or registered with reference to the destroyed or extraviated process.

From what occurs at the conference is washed auto, which specifies the terms in which the parties

agreed.

3-The auto suppre the process to reform in all that in which there is no agreement contradicted

by documents with full probative force.

Article 961.

Terms of the process in the lack of agreement

If the process does not become entirely reconstituted by agreement of the parties, any of the

citation may, within 10 days, contest the application or say what to offer you about

the terms of the reform in which there is dissent, offering soon all means of proof.

Article 962.

Sentence

Produced the evidence, listened to the officials of the Registry, if it is convenient, and effectuated

the necessary representations, follows the sentence, which accurately fixes the state in which if

found the process, the terms reconstituted as a result of the agreement or in face

of the evidence produced and the terms to be reformed.

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Article 963.

Reform of joints, decisions and evidence

1-If it is necessary to reform the joints, in the absence of duplicates or other

documents that substantiate them, the parties are admitted to articulate another time.

2-Having been rendered decisions that are not possible to reconstitute, the judge shall decide again

how to understand.

3-If the reform covers the production of evidence, it is these reproduced, being possible, and,

not the being, replace yourself with others.

Article 964.

Appearance of the original process

If the original process appears, in it follow the subsequent terms, by aping it the

process of reform. From this process you can only take advantage of the part that follows the last

term laundered in the original process.

Article 965.

Responsibility for the expense

The autos are renovated at the expense of whoever has given cause to destruction or stray.

Article 966.

Process reform unrouted or destroyed in the higher courts

1-Deforested or destroyed any proceedings in the Relation or the Supreme Court of

Justice, reform is required of the president of the court, being applicable to the case the

in the provisions of Articles 959 and 960. Serve de rapporteur the rapporteur of the proceedings

gone astray or destroyed and, failing that, what is designated in second

distribution.

2-If there is no agreement of the parties as to the full reconstitution of the process, the

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a) When it is necessary to reform terms processed in the 1 th instance, the autos

download to the court in which you have correct the original process by joining the

trasside, if there is, and follow in that court the trames prescribed in the articles

961 to 964, notifying them of the citations for the purposes of the provisions of the article

961.; the terms processed in higher court, which may not be

reconstituted, are reformed in the court of respect, with intervention, always

the same as possible, of the same judges and officials who have intervenor in the

primitive process;

b) When the reform is restricted to terms processed in the higher court, the

process follows in that court the trames set out in Articles 961 to 964,

by exercising the rapporteur the duties of the judge, without prejudice to the provisions of paragraph 3 of the

article 652; the adjoining judges intervene when it is necessary to replace some

judgment delivered in the original proceedings.

Title XIII

From the action of compensation against magistrates

Article 967.

Scope of application

The provisions of this Title shall apply to the shares of return against magistrates,

proposals in the courts of law, being subsidarily applicable to the shares of the same type

that are of the competence of other courts.

Article 968.

Competent court

The action is proposed in the judicial circumscription to which the court belongs in which the magistrate

exerts its functions at the time when the fact that serves as a foundation of the

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request.

Article 969.

Hearing of the accused magistrate

1-Received the petition, if there is no reason to be soon undue, is the process

referred by the post, under registration and with notice of prescription, to the accused magistrate, to,

within 20 days, from the receipt of the case, say what to offer to you

on the application and its fundamentals and to piece together the documents that understand.

2-Until the end of the term, the accused returns the autos by the same route, with response or without

it, or delivery them in the judicial secretary.

3-If you fail to make the shipment or the delivery, may the author submit new petition in the

same terms as the previous one and the defendant is soon convicted on the application.

Article 970.

Decision on the admission of the cause

1-Received the process, it is decided whether the action should be admitted.

2-If the cause is of the jurisdiction of the comarch court, the decision is delivered within

15 days and if it is the competence of the Relation or of the Supreme Court of Justice, the autos

go with a view to the judges of the section, for five days, being applicable for paragraphs 2 and 3 of the

article 657, and then the section resolves.

3-The judge or the court, when it does not admit the action, condemns the plaintiff in fine and

compensation, if you understand that you proceeded with bad faith.

Article 971.

Feature

From the decision of the judge of law or the Relation that admits or does not admit the action rests with appeal.

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Article 972.

Contestation and later terms

1-Admitigating the action, is the defendant cited for contesting, following the most terms of the process

common.

2-The rapporteur exercises until the trial all the functions that compete, in 1 th instance, to the

judge of law, however, the provisions of paragraphs 3 and 4 of Article 652, however, apply.

Article 973.

Discussion and trial

1-In Relation or in the Supreme Court of Justice, the process, when it is prepared

for the final judgment, goes with a view of five days to the judges who make up the court,

where Article 657 (2) and (3) are applicable, and then the discussion and the

judgment of the cause in session of the full court.

2-In the discussion and trial before the full court the provisions of the

articles 602 to 606.

3-Completed the discussion, the court collecs the conference room to decide the whole

question and wash the respected judgment; the president has a vote of a tie-break.

Article 974.

Appeal feature

1-From the judgment of the Relation that you know, in 1 th instance, of the object of the action is up to appeal

appeal to the Supreme Court of Justice.

2-This feature is interposed, expedused and judged as the magazine feature. The Supreme

Court of Justice may only amend or annul the decision of the Relation in de facto matter

in the excecional cases provided for in Article 662.

Article 975.

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Court competent for the execution

Convicted the defendant in the right amount payment, is competent for the execution of the court

of the comarch of the domicile of the executed or the one of the nearest comarch, when he exercises

functions of judge in that comarch.

Article 976.

Dispensation of the decision on the admission of the cause

If a sentence transitioned on trial has left right saved for the action of

indemnification referred to in this title, no prior decision is required in the

article 970, being soon cited the respondent for contesting.

Article 977.

Compensation as a result of criminal procedure

Where the indemnity is necessary as a necessary de facto by which it has been

promoted criminal procedure, are observed, as for civil repair, the provisions

of the Code of Criminal Procedure.

Title XIV

From the review of foreign sentences

Article 978.

Need for the review

1-Without prejudice to what is found in treaties, conventions, regulations of the

European Union and special laws, no decision on private rights, delivered by

foreign court, has effectiveness in Portugal, whatever the nationality of the parties,

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without being reviewed and confirmed.

2-No revision is required when the decision is invoked in pending proceedings in the

Portuguese courts, as a simple means of proof subject to the appreciation of whom there is

judge the cause.

Article 979.

Competent court

For the review and confirmation is competent the court of the Relation of the area in which it is

domiciled the person against whom it is intended to assert the sentence by observing with the

necessary adaptations to the provisions of articles 80 to 82.

Article 980.

Required requirements for the confirmation

In order for the sentence to be confirmed is necessary:

a) Let there be no doubt about the authenticity of the document that it consents to

sentence nor on the intelligence of the decision;

b) Who has transitioned on trial under the law of the country in which he was delivered;

c) What a provenha of foreign court whose competence has not been

provoked in fraud to the law and not verse on the matter of exclusive competence

of the Portuguese courts;

d) Who may not invoke the exception of litispendency or case trial with

Plea in cause affects Portuguese court, except if it was the court

foreigner who prevented the jurisdiction;

e) That the defendant has been regularly cited for the action, pursuant to the law of the country

of the court of origin, and that in the process hajam the principles were observed

of the adversarial and the equality of the parties;

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f) Which contains no decision whose recognition leads to an outcome

manifestly incompatible with the principles of international public order

of the Portuguese State.

Article 981.

Contestation and response

Presented with the petition the document of which the decision to be reviewed, is the part

contrarian cited for, within 15 days, deducting your opposition; the applicant may

reply in the 10 days following notification of the objection presentation.

Article 982.

Discussion and trial

1-Finds the joints and carried out the representations that the rapporteur has for indispensable, is

provided the examination of the case, for allegations, the parties and the Public Prosecutor's Office, by the

period of 15 days.

2-The judgment is made under the rules of the appellate.

Article 983.

Fundamentals of the challenge of the application

1-The application can only be challenged on the grounds of the lack of any of the requirements

mentioned in Article 980 or by checking for any of the review cases

specified in the ( a ), c ) and g ) of Article 696.

2-If the sentence has been handed down against natural person or collective of nationality

portuguese, the contest may still merge in which the result of the action would have

been more favorable if the foreign court had applied the material law

portuguese, when by this one should be resolved the issue under the standards of

conflicts of Portuguese law.

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Article 984.

Officious activity of the court

The court verifies officialsif they agree the conditions stated in the subparagraphs a ) and f) from the

article 980; and also officiously denies the confirmation when, by the examination of the proceedings

or by knowledge derived from the exercise of its functions, apure that there is no shortage of the

requirements required in points b ), c), d) and and ) of the same precept.

Article 985.

Appeal of the final decision

1-From the decision of the Relation on the merit of the cause rests with magazine appeal.

2-The Public Prosecutor's Office, even if it is not a main part, may appeal on grounds

in violation of the points c) , and ) and f ) of Article 980.

Title XV

Of the processes of voluntary jurisdiction

CHAPTER I

General provisions

Article 986.

Rules of the process

1-Are applicable to the processes governed in this chapter the provisions of Articles 292 to

295.

2-The court may, however, freely investigate the facts, collate the evidence, order

enquiries and collect the convenient information; the evidence is only admitted that the

judge consider necessary.

3-The sentences are handed down within 15 days.

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4-In proceedings of voluntary jurisdiction, the constitution of lawyer shall not be obligatory,

saved in the resource phase.

Article 987.

Criterion of judgment

In the arrangements to be taken the court is not subject to strict legality criteria,

owing before to adopt in each case the solution that judges more convenient and timely.

Article 988.

Value of resolutions

1-In proceedings of voluntary jurisdiction the resolutions may be amended, without prejudice

of the effects already produced, on the grounds of overcoming circumstances that

justify the alteration; they are said to be overdue both the circumstances that occurred

later to the decision as the previous ones, which have not been alleged by

ignorance or other ponderous reason.

2-Of the resolutions rendered second criteria of convenience or opportunity is not

permissible appeal to the Supreme Court of Justice.

CHAPTER II

Arrangements for children and spouses

Article 989.

Food to larger or emancipated children

1-When you arise the need to provide yourself about food to bigger children or

emancipated, pursuant to Art. 1880 of the Civil Code, follows, with the necessary

adaptations, the envisaged scheme for minors.

2-Having there been a decision on food to minors or being running the respect

process, the age of majority or emancipation do not prevent the same from concluding and that

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the incidents of alteration or cessation of food run by apenso.

Article 990.

Assignment of the family home

1-The one who intends for the assignment of the family home, in the terms of the article

1793. of the Civil Code, or the transmission of the right to the lease, under the terms of the

article 1105 of the same code, deducts your request, stating the facts on the basis of the

which you understand should be assigned the right.

2-The judge calls on those concerned or ex-spouses for an attempt at conciliation to which

applies, with the necessary adaptations, the precept in paragraphs 1, 5 and 6 of Article 931,

being, however, the term of opposition as provided for in Article 293.

3-Haja or non-dispute, the judge decides after proceeding with the necessary representations,

always the decision appealing, with suspensive effect.

4-If it is pending or has gone through divorce or separation action, the order is deducted

by apenso.

Article 991.

Disagreement between the spouses

1-Havendo disagreement between the spouses on the fixing or alteration of the residence of the

family, can any of them apply for the intervention of the courts for solution of the

deferred, offering soon the evidence.

2-The other spouse is cited for pronounding, also offering the evidence that

understand.

3-The judge determines the representations you understand necessary, owing, unless it appears to you

useless or harmful, to summon the parties and any relatives to a hearing, where

tries out conciliation, deciding next.

4-From the decision it is always to appeal, with suspensive effect.

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Article 992.

Contribution of the spouse to household expenses

1-The spouse who intends to demand direct delivery on the part of the income of the other

spouse, required for household expenses, indicates the origin of the income and the

importance you intend to receive, justifying the necessity and reasonableness of the

order amount.

2-Follow, with the necessary adaptations, the terms of the process for the fixation of the

provisional food and the sentence, if it considers warranted the application, orders the

notification of the person or paying entity of the income or probate to deliver

directly to the applicant to respect periodic importance.

Article 993.

Conversion of separation into divorce

1-The application for the conversion of the judicial separation of persons and property into divorce is

auctioned by apenso to the process of separation.

2-Redear the conversion by both spouses, is soon to be handed down the sentence.

3-Redear the conversion by one of the spouses, is the other notified personally or in the

person of his or her representative, when there is, to within 15 days of deducting opposition.

4-A The opposition can only substantiate itself in the reconciliation of the spouses.

5-There is no opposition, it is soon to be handed down sentence.

CHAPTER III

Separation or divorce by mutual consent

Article 994.

Application

1-The application for the judicial separation of persons and goods or for divorce by

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mutual consent is signed by both spouses or their procuratorates and

instructed with the following documents:

a) Certificate of complete narrative of the marriage registration;

b) Specified relationship of the common goods, with an indication of the respective values;

c) Agreement that hajam concluded on the exercise of parental responsibilities

relatively to the minor children, if any;

d) Agreement on the provision of food to the spouse who lacks them;

e) Certificate of the antenpcial convention and its registration, if any;

f) Agreement on the fate of the family home of abode.

2-Should another thing not result from the submitted papers, it is understood that the agreements

are intended for both the period of the pendency of the process and the subsequent period.

Article 995.

Convocation of the conference

1-There is no basis for improper dismissal, the judge sets the day of the conference to

referred to in Article 1776 of the Civil Code, and may for it to summon relatives or

the purposes of the spouses or any persons in whose presence they see usefulness.

2-The spouse who is absent from the mainland or the island in which the conference takes place

or that you find yourself unable to attend may make yourself represent by

district attorney with special powers.

3-A conference may be postponed for a period of not more than 30 days when there is

founded reason to assume that the impossibility of comparability referred to in the

previous number cesses within that time frame.

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Article 996.

Conference

1-If the conference referred to in Article 1776 of the Civil Code ends by desistance

of the application by both the spouses or one of them, the judge makes consignment of it in the minutes and

homologation to it.

2-In the contrary case, it is exhorted in minutes the agreement of the spouses as to the separation or

divorce, as well as the decisions made as to the agreements referred to in the article

1775. of the Civil Code.

Article 997.

Suspension or postponement of the conference

When any of the spouses fail the conference, the process is expected to be required to

designation of new day.

Article 998.

Renewal of the instance

1-Having the process of divorce or separation by mutual consent result of the

conversion of divorce or litigation separation, pursuant to Art. 931 (3), if not

come to be enacted for divorce or separation for any reason, other than the

reconciliation of the spouses, may any of the parties of the primitive action ask for the

renewal of this instance.

2-The application must be made within the 30 days subsequent to the date of the conference

where the reason has been verified not to enact divorce or separation by

mutual consent.

Article 999.

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Irrecurrability of the call for amendment of the agreements

It is not fit for the call for amendment of the agreements provided for in Articles 1776 and 1777.

of the Civil Code.

CHAPTER IV

Supply processes

Article 1000.

Supply of consent in the case of refusal

1-If the supply of consent is sought, in cases where the law admits it, with the

grounds for refusal, the refusal is cited for contesting.

2-Deducing the cited contestation, is designated day for the final hearing, after

completed the representations that there is a need to carry out beforehand.

3-In the hearing are heard from those interested and, produced the evidence that is admitted,

resolves, being the transcribed resolution in the minutes of the hearing.

4-There is no dispute, the judge resolves, after obtaining the information and

necessary clarifications.

Article 1001.

Supply of consent in other cases

1-If the cause of the application is the incapacity or absence of the person, the

representative of the unable or the prosecutor or curator of the absent, his or her spouse or

next of kin, the incapable himself, if it is incapacitated, and the Public Prosecutor's Office;

there is more than one relative in the same grade, is cited what is considered more

idotous.

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2-If it is not yet enacted for interdiction or inabilitation or judicially verified the

absence, citations are only effected after they have complied with the provisions of Articles 234 to

236. º; in everything else one is observed-if the precept in the previous article.

3-If the impossibility of providing consent has a different cause, it shall be observed,

with the necessary adaptations, the provisions of paragraph 1.

Article 1002.

Supply of the deliberation of the legal majority of the comowners

1-To the supply of the deliberation of the legal majority of the comowners over acts of

administration, when it is not possible to form that majority, it is applicable, with the

necessary adaptations, the provisions of Article 1000.

2-The comowners who haha opposite the act are cited for contesting.

Article 1003.

Appointment of administrator in the horizontal property

1-The condomino who intends the judicial appointment of administrator of the common part of

building subject to horizontal property indicates the person who repute the idopian, justifying the

choice.

2-Are cited for contesting the other condonations, which may indicate people

different, justifying the indication.

3-If there is any dispute, the provisions of paragraphs 2 and 3 of Article 1000 shall be observed; in the absence of

contestation, is named the person indicated by the applicant.

Article 1004.

Judicial determination of the benefit or the price

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1-In cases referred to in Article 400 (2) and Article 883 of the Civil Code, the

part that intends for the determination by the court indicates in the application to be provided or

the price it judges appropriate, justifying the indication.

2-A contrarian part is cited to reply within 10 days, and may indicate

provision or different price, as long as it also justifies it.

3-With response or without it, the judge decides, harvesting the necessary evidence.

Article 1005.

Judicial determination in other cases

The provisions of the preceding Article shall apply, with the necessary adaptations, to the judicial division

of gains and losses pursuant to Article 993 of the Civil Code and the analogous cases.

CHAPTER V

Disposal or burdening of dotal goods and of goods subject to fideicomisso

Article 1006.

Petition of the judicial authorization

With the initial petition of authorization to divest or burden dontal goods, formulated by a

only from the spouses, must join authentic or authenticated document that proves the

consent of the other spouse; if the latter refuses consent or cannot provide it

by incapacity, absence or other cause, must comply with the application for permission

judicial that of the supply of consent.

Article 1007.

People cited

They are cited to contest the request:

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a) The other spouse, if you have refused consent;

b) The persons indicated in Article 1001, if it is another cause of the lack of the

consent;

c) The donor;

d) The presumed heirs of the woman;

e) The Public Prosecutor's Office, if the presumed heirs of the woman are unable or

are missing.

Article 1008.

Later terms

The later terms of the case shall apply to the provisions of paragraphs 2 a to 4 of Article 1000.

Article 1009.

Fate of the product of disposal by urgent need

The decision authorising the disposal of the goods to meet urgent need determines

the destination and conditions of use of the product.

Article 1010.

Fate of the product of disposal by manifest usefulness

1-When the product of the disposal has to be converted into immovable property or securities of

nominative credit, adjusted the purchase of these and verified their value, with hearing

of those interested, is the price directly delivered to the seller, after registered or

averaged the dotal burden.

2-In the case of exchange it does not cancel the registration of the dotal burden without being registered or

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527

averaged that burden on the goods offered in subrogation.

Article 1011.

Conversion of the product in special cases

If the goods are expropriated by public or particular utility, or reduced

forcibly the money for any other reason, their product is also converted

in the terms of the previous article.

Article 1012.

Application of the spare part

If, after applied the product of the goods or of the effected the conversion, stay leftovers from

such an exiture mode that it becomes impossible or excessively burdensome to convert them, are

delivered to the spouse who is in the administration of the couple's assets, as if they were

income from the dotal goods.

Article 1013.

Judicial authorization to divest or onerate goods subject to fideicomisso

1-A judicial authorization for disposal or burdening of goods subject to fideicomisso may

be requested by both the fideicomissarium and the trustee.

2-The applicant justifies the necessity or usefulness of the disposal or burdening.

3-It is cited for contesting, within 10 days, the trustee, if the application is formulated

by the fideicomissarium, or this, if the application is deducted by the trustee.

4-With the contestation or without it, the judge decides, reaped the evidence and information

necessary.

5-If the permit is granted, the sentence fixtures which are to be observed.

CHAPTER VI

Authorization or confirmation of certain acts

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Article 1014.

Judicial authorization

1-When it is necessary to practise acts whose validity depends on judicial authorization, this is

requested by the legal representative of the incapable.

2-Are cited for contesting, in addition to the Public Prosecutor's Office, the inheritance relative most

next to the unable or, if there are several relatives in the same grade, whatever is considered

more idoneo.

3-Haja or non-contestation, the judge only decides after produced the evidence to admit and

of completed other necessary representations, listening to the family council, when the

your opinion is mandatory.

4-The application is dependence of the inventory process, when there is, or of the process of

interdiction.

5-It is always permissible to cumulate the applications for permission to accept the inheritance

dewound to unable, when necessary, and from authorization to outorach in the respect

extrajudicial sharing, in representation of that; in this case, the application for the appointment of

special curator, when the legal representative agrees to the succession with his

represented, is dependence on the authorization process.

Article 1015.

Acceptance or rejection of liberalities in favour of incapable

1-In the application in which you ask for notification of the legal representative to arrange

about the acceptance or rejection of liberality in favour of incapable, the applicant, if it is the

incapable, any his or her relative, the Public Prosecutor's Office or the donor justifies the

convenience of acceptance or rejection, and may offer evidence.

2-The order that orders the notification marks deadline for compliance.

3-If you want to ask for permission to accept the liberality, the notified must formulate the

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application in the notification process itself, observing the provisions of the article

previous and, obtained the authorization, in the same process declares to accept the liberality.

4-If, within the marked time limit, the notified does not ask for the authorisation or not to accept the

liberality, the judge, after produced the necessary evidence, declares it to be accepted or

rejected, of harmony with the conveniences of the incapable.

5-It shall apply to this case the provisions of paragraph 4 of the preceding Article.

Article 1016.

Alienation or burdening of the assets of the absent or confirmation of acts carried out by the

representative of the unable

1-The provisions of Article 1014 shall also apply, with the necessary adaptations:

a) To the alienation or burdening of goods from the absent, when it was dewound to

provisional or final curatorship;

b) To the judicial confirmation of acts practiced by the legal representative of the unable without

the necessary authorization.

2-In the case of point a ) of the previous number, the order is reliance on the process of

curatorship; in the case of point b ), is dependence on the process in which the legal representative

has been appointed.

CHAPTER VII

Council of family

Article 1017.

Constitution of the council

Being required to bring together the family council and not being this still constituted, the judge

designates the persons who must constitute it, listening in advance to the Public Prosecutor's Office and

harvesting the necessary information, or requisitioned the constitution of it to the court

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competent.

Article 1018.

Assignment of the day for the meeting

1-The day for the meeting of the council is fixed by the Public Prosecutor's Office.

2-Are notified to appear the vowels of the board as well as the applicant,

when there is.

Article 1019.

Assistance from strange people to the council

On the day designated for the meeting, if the council deliberates that it will assist the incapable, its

legal representative, some relative or other person, brand day to continue the

meeting and proceeding to the notification of the persons who should attend.

Article 1020.

Deliberation

1-deliberations are taken by a majority of votes; it is not possible to form a majority,

prevails the vote of the Public Prosecutor's Office.

2-A The deliberation is inserted in the minutes.

CHAPTER VIII

Provisional curatorship of the assets of the absent

Article 1021.

Provisional curatorship of the assets of the absent

1-When it intends to institute the provisional curatorship of the assets of the absent, it is necessary

substantiate the measure and indicate the holders or possesses of the goods, the spouse, the

inheritors presumed from the absent and any known persons who have an interest

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in the conservation of goods.

2-Are cited for contesting, in addition to the persons mentioned in the preceding paragraph, the

Prosecutor's Office, if it is not the applicant, and, by 30-day-old edices, the absent and

any other stakeholders.

3-Produced the evidence that is admitted to and obtained the information that is considered

required, is washed out the sentence.

Article 1022.

Publication of the sentence

1-A sentence that defs the curatorship is published by editais affixed on the door of the court and

at the door of the headquarters of the freguesia joint of the last known domicile of the absent and by

advertisement insert in the newspaper that the judge finds most convenient.

2-The edials and the announcement non-to contain, in addition to the statement that it was instituted to

curatorship, the identification elements of the absent and the curator.

Article 1023.

Amount and suitability of the surety

On the amount and the suitability of the surety the curator shall provide is heard the

Prosecutor's Office, after related the assets of the absent.

Article 1024.

Replacement of the interim curator

The replacement of the interim curator, in cases where the civil law allows it, is applicable

provisions of Articles 292 to 295.

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Article 1025.

Cessation of curatorship

1-If the absent comes back, the goods can only be delivered by the regulated form in the article

888.

2-As soon as it consents to the court the existence of the absent and there is news of the place where resides,

is officiously notified, or informed by registered letter with notice of recetion, if

to reside abroad, of which the goods are in provisional curatorship; and, while not

provide, the curatorship continues.

CHAPTER IX

Judicial fixation of the deadline

Article 1026.

Application

When it defaults on the court to set the deadline for the exercise of a right or the

compliance with a duty, the applicant, after justifying the application for the fixation, indicates the

term that repute appropriate.

Article 1027.

Later terms

1-A contrarian part is cited to respond.

2-In the lack of response, the time limit proposed by the applicant or the one that the judge is fixed

consider reasonable; there is a response, the judge decides, after the representations are made

necessary probattories.

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CHAPTER X

Notification for preference

Article 1028.

Terms to follow

1-When it is intended for someone to be notified to exercise the right of preference,

specify in the application the price and the remaining clauses of the designed contract,

indicates the time frame within which, under civil law, the right can be exercised and asks for-

if the person is personally notified to declare, within that time frame, whether or not

prefer.

2-Querying the notified preferring, must declare it within the time limit indicated in the terms of the

previous number, upon application or by term in the process; made the declaration,

if in the following 20 days is not concluded the contract, you should the preferer require us,

10 subsequent days, which is to be uneven day and time for the opposing party to receive the price

by term in the process, under penalty of being deposited, and the applicant may deposit it

the following day, if the opposing party, duly notified, does not attend or if

refuse to receive the price.

3-The preferred one who does not observe the provisions of the preceding paragraph loses its right.

4-Paid or deposited the price, the goods are awarded to the preferent, retrotracting the

effects of the award on the date of payment or deposit.

5-It is not admitted opposition to the notification on the grounds of the existence of vices of the

contract in relation to which one is going to effect the right, susceptible to invitation-only

exercise of preference, which only by the common means can be appreciated.

6-The provisions of the preceding paragraphs shall apply, with the necessary adaptations, to

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preference obligation that is to object to other contracts in addition to purchase and sale.

Article 1029.

Limited preference

1-When the projected contract covers, upon a global price, another thing beyond the

subject to the right of preference, the notified may declare that it wants to exercise its

right only in relation to this one, requiring soon the determination of the price that must be

assigned proportionally to the thing and applying the provisions of Article 1004.

2-A contrarian part may deduce opposition to the respondent by invoking that the preferred thing

cannot be separated without appreciable injury.

3-Proceeding the opposition, the preferencer loses his right, unless he exercises the

preference in relation to all things; if the opposition improceed, the terms follow

provided for in paragraphs 2 a to 4 of the preceding Article, counting the 20-day period for the

conclusion of the contract of the transit on trial of the sentence.

Article 1030.

Ancillary provision

1-If the contract designed to cover the promise of an ancillary benefit that the holder of the

right of preference cannot satisfy, it requires soon the preferent to declare to exercise

your right to respect your assessment in cash, when possible, applying the willing

in Article 1004, or the dispensation of the obligation to satisfy the ancillary provision,

showing that this has been persued to ward off your right.

2-If the benefit is not assessable pecuniarily, may the preferent require, in the

terms of Article 418 of the Civil Code, the exercise of its right, showing that,

even without the stipulated installment, the sale would not cease to be effected or that the

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provision has been convenor to ward off the preference.

3-The deadline for the conclusion of the contract is in accordance with the terms set out in paragraph 3 of the article

previous.

Article 1031.

Right of preference to be exercised simultaneously by various holders

When the right of preference is assigned simultaneously to several conholders,

should be exercised by everyone together, are notified to all interested parties for the

exercise of the right, applying the provisions of the previous articles, with the necessary

adaptations, without prejudice to the provisions of Articles 1034 and 1035.

Article 1032.

Alternative preference rights

1-If the right of preference is to compete for several people simultaneously, but there is

be exercised only by one, not designated, there is-from the applicant to ask that they are all

notified to appear in the day and time that they are set, in order to proceed to

bidding between them; the result of the bidding is reduced to auto, in which the largest

laneway of every bidder.

2-The right of preference is assigned to the bidder who offers the highest laneway; loses-

o, however, in the cases provided for in Article 1029.

3-Havendo loss of the right allotted, this return to the person concerned who has offered the

immediately lower laneway, and so successively, but the 20-day deadline fixed in the

article 1029 gets reduced to half; as each of the bidders is losing

your right, the applicant of the notification shall ask that the fact be notified to the

immediate bidder.

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4-In the case of the return of the right of preference, bidders do not incur

liability if they do not keep their laneway and do not want to exercise the right.

Article 1033.

Right of successive preference

1-Competing the right of preference to more than one person successively, may ask for-

if they are all notified to declare if they intend to use their right in the case of

come to belong to them, or ask for notification of each other as it is touching upon it

their turn as a result of resignation or loss of the right of the previous person concerned.

2-In the first case it continues the process in relation to the most senior-senior who

has declared to want to prefer, upon prior notification; if this loses its right,

proceeds in the same way as to the most graded of the remaining and so

successively.

Article 1034.

Right of preference belonging to inheritance

1-Competing the right of preference to inheritance, you ask yourself in the court of the place of your

opening the notification of the head-of-the-couple, unless the goods to which they respect are

sliced or included in some of the fortnight, because in this case it should ask for

notification of the concerned person concerned for him to exercise the right.

2-The head-of-the-couple, as soon as it is notified, requires a conference of interested

to be deliberated if the inheritance should exercise the right of preference.

Article 1035.

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Right of preference belonging to the spouses

If the right of preference belongs in common to the spouses, notification of

both, and may any of them exercise it.

Article 1036.

Competing preference rights

1-If the right of preference belongs in common to several persons, notification is sought

of all.

2-When you present yourself to prefer more than one holder, the object's well object of alienation is

awarded to all, in the proportion of their quotas.

Article 1037.

Exercise of the preference when the disposal has already been effected and the right kayba

to several people

1-If you have already been effected the disposal of which you respect the right of preference and this right

couber simultaneously to several persons, the process for the determination of the preferent

follows the terms of Article 1032, with the following amendments:

a) The initial application is made by any of the persons entitled to

preference;

b) The bidder to whom he is assigned the right shall, within 20 days, deposit the

buyer's favour the price of the contract concluded and the importance of tax

due paid, save, as to this one, if it shows that it benefits from exemption or

reduction and, in favour of the seller, the surplus on that price;

c) The bidder must still, in the 30 days following the traffic on trial of the sentence

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of award, show that it has been proposed to have the competent action of preference, under

penalty of losing your right;

d) In any case of loss of law, the notification of the immediate bidder is made

officiously.

2-A The submission of the application for this process is equivalent, as to the expiry of the

right of preference, to the initiation of preference action.

3-The provisions of this article shall apply, with the necessary adaptations, to cases in which the

right of preference rests with more than one person, successively.

Article 1038.

Regime of the expense

1-The costs of the processes referred to in this chapter are paid by the applicant, in the case of

there is no statement of preference, and by the person who has declared to want to prefer, in the

other cases.

2-If there are several declarants, the expense is paid for by the one in favour of who comes to be

handed down sentence of adjudication or by all of them, if there is no sentence.

3-Out of the cases of total dismissals, the desistance of any declarant has as effect

that all the procedural acts concerning you consider, for the purposes of

costs, such as an incident of your responsibility.

4-When proceedings have been instituted after they have entered into the contract giving

place to the preference, the one who comes to exercise the right has the paid costs of the person who

should offer the preference.

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CHAPTER XI

Jacent inheritance

Article 1039.

Declaration of acceptance or repudiation

1-In the application in which the notification of the heir is to be requested to accept or repudiate the

inheritance, the applicant justifies the quality it assigns to the defendant and, if not the

Public prosecutor's office, also substantiates its interest.

2-A notification takes effect according to the formalism prescribed for the personal citation, owing

the dispatch that orders it to mark the deadline for the declaration.

3-Elapsed the deadline marked without submission of the document of repudiation, judge-whether accepted

the inheritance, convicting the acceptor at the expense; in the case of repudiation, the expense is

in advance by the applicant, to come to be paid for the inheritance.

Article 1040.

Successive notification of the heirs

If the first notified repudiates the inheritance, the successive notification of the heirs

immediate, until there are no who prefers the state, it is done in the same process, observing-

if always the provisions of the previous article.

Article 1041.

Sub-rogatory action

1-A The acceptance of the inheritance by creditors of the reputable is done in the action in which,

by the means of their own, the accepters deduct the application for their claims against the

repudiation and against those for whom the goods passed by virtue of the repudiation.

2-Obtained favorable sentence, creditors can run it against the inheritance.

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CHAPTER XII

Exercise of the testamentary

Article 1042.

Escusa of the testamenter

1-The tester who wants to escusate from the testamentary, after having accepted the post,

must ask for the escusa, alleging the reason for the application and identifying all those interested,

that are cited for contesting.

2-The judge decides, after produced the evidence to admit.

Article 1043.

Regime of the expense

Not being challenged the request for escussion, the expense is the responsibility of all the

interested.

Article 1044.

Removal of the tester

1-The interested party wishing for the removal of the tester exposes the facts that

substantiate the application and identifies all those interested.

2-Only the testamenter, though, is cited for contesting.

CHAPTER XIII

Presentation of things or documents

Article 1045.

Application

The one who, in the terms and for the purposes of Articles 574 and 575 of the Civil Code,

intend to submit things or documents that the possessor or holder of it does not

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want to provide justifies the need for the due diligence and requires the quotation of the recusal for the

present on the day, time and place that the judge designates.

Article 1046.

Later terms

1-The cited may contest within 15 days, from the quotation; if you detain things or

documents on behalf of another person, may this dispute within the same time frame,

even though the cited do not.

2-In the absence of contestation, or in the event that it is deemed to be unimpeding, the judge designates

day, time and place for the presentation in your presence.

3-A The presentation is made in court, when it deals with things or documents

transportable in hand; treating yourself to other furniture or real estate, the

presentation is made in the place where to meet.

Article 1047.

Judicial apprehension

If the required, duly notified, do not comply with the decision, may the applicant

request the seizure of the things or documents to be provided to you, applying the

willing as to the effectivation of the penhora, with the necessary adaptations.

CHAPTER XIV

Exercise of social rights

SECTION I

From judicial inquiry to society

Article 1048.

Application

1-The interested party wishing to carry out judicial inquiry to the society, in cases in

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that the law allows it, alleges the grounds of the application for inquiry, indicates the points of

Fact that interest enquiries and requires the arrangements that it reputes to be convenient.

2-It is cited to challenge the society and the holders of social bodies to whom they are

imputed irregularities in the exercise of their duties.

3-When the investigation has as a foundation the non-presentation punctual of the report of

management, accounts of the exercise and too many accountability documents, follow the

terms set out in Article 67 of the Code of Commercial Societies.

Article 1049.

Later terms

1-Haja or non-response of the required, the judge decides whether there are grounds to proceed to the

enquiry, and may determine as soon as the information sought by the applicant is

provided, or fixed deadline for submission of the accounts of the society.

2-If the conduct of the survey is ordered to the society, the judge sets the points which the

diligence shall cover, appointing the expert or experts who must carry out the

research, applying the willing as to the expert evidence.

3-Compete to the appointed investigator, in addition to others who are especially

committed, carry out the following acts:

a) Inspect the goods, books and documents of the society, yet they are in the

possession of third parties;

b) Collect, in writing, the information provided by organ holders of the

society, people at the service of this or any other entities or persons;

c) Request the judge who, in court, to give testimony to persons who

refuse to provide the elements requests, or to be requisitioned

documents in power of third parties.

4-If, in the course of the proceedings, there is knowledge of alleged facts justifying

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extension of the object of the survey, may the judge determine that the ongoing investigation

covers them, save if the magnification results in serious inconvenience.

Article 1050.

Precautionary measures

During the conduct of the investigation, it may the court order the cautionary measures that

consider convenient to guarantee the interests of the society, the partners or the

social lenders, whenever it is indicted for the existence of irregularities or the practice of

any acts susceptible to entrenching the ongoing investigation, applying, with the

necessary adaptations, the precept as to the cautionary arrangements.

Article 1051.

Decision

1-Completed the investigation, the investigator's report is notified to the parties; and, carried out the

too much of the necessary probatory representations, the judge proffers decision, appreciating the points

in fact that formed the grounds of the inquiry.

2-Notified the report, or the decision on the matter of fact, may the parties require,

within 15 days, that the court order any arrangements that fall into the

scope of voluntary jurisdiction, specifically the removal of those responsible for

ascertained irregularities or the judicial appointment of an administrator or director, with the

functions provided for in the Code of Commercial Societies.

3-If the dissolution of the society or formulated pretension is required, susceptible to being

cumulated with the survey, but which exceeds the scope of voluntary jurisdiction, they follow

the terms of the common declaration process.

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4-If the decision delivered does not confirm the existence of the facts alleged to be grounds

of the survey, may those required to require the respective publication in the newspaper that, for the

effect, they indicate.

Article 1052.

Regime of the expense

1-The costs of the proceedings are paid by the applicants, unless they are ordered the

arrangements provided for in Article 1050, for in that case the direction or management of the

society responds by all costs; the responsibility of the applicants for the expense

covers the expenses with the publication referred to in the previous article, when it there is

place.

2-If, as a result of the investigation, some action is proposed, the responsibility of the

applicants for the costs consider themselves of a provisional character: whoever is convicted in the

expense of the action pays also those of the enquiry; the same is observed as to the

responsibility of the direction or management, if the result of the action to ilibar all the fault

as to the suspicions of the applicants.

SECTION II

Appointment and removal of holders of social organs

Article 1053.

Judicial appointment of holders of social bodies

1-In cases where the law provides for the judicial appointment of holders of social organs, or of

common representatives of social participation conholders, must the applicant

justify the application for the appointment and indicate the person who loathes idopnea for the exercise of the

job title.

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2-Before proceeding with the appointment, the court may harvest the convenient information, and,

respecting the application to society whose body of administration is in operation,

should this be heard.

3-If, prior to the appointment or thereafter, there is place for the setting of a remuneration to the

person appointed, the court decides, and may order, for the purpose, the representations

indispensable.

Article 1054.

Incidental appointment

1-A appointment that only deforms to ensure representation in judgment, in action

determined, or that it is arising in proceedings already pending, is dependence on that cause.

2-When the appointment surges as a result of previous removal, decided in

judicial process, it is reliance on this.

Article 1055.

Suspension or removal of holders of social organs

1-The interested party wishing for the judicial removal of holders of social organs, or of

common representatives of social participation conholders, in cases where the law is

admits, indicates in the application the facts justifying the application.

2-If the suspension of office is required, the judge shall immediately decide the application for

suspension, after realization of the necessary representations.

3-The defendant is cited for contesting, owing to the judge to hear, whenever possible, the

remaining partners or the administrators of the society.

4-The precept in the preceding paragraphs shall apply to the destitution that is the consequence of

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judicial revocation of the clause of the contract of society that ascribe to some of the partners

a special right to the administration.

5-When it comes to dismissing any holders of judicially designated bodies, the

destitution is reliance on the process in which the appointment took place.

Article 1056.

Exoneration of the administrator in the horizontal property

The process of the previous article shall apply to the judicial exoneration of the administrator of the parties

common building subject to horizontal property regime, required by any

condomino on the grounds of the practice of irregularities or negligence.

SECTION III

Convocation of assembly of partners

Article 1057.

Process to be observed

1-If the convening of general assembly can take place judicially, or when, by

any form, unlawfully prevent its realization or operation, the

interested requires the judge to summon.

2-Join the constitutive title of the society, the judge, within 10 days, proceeds to

necessary enquiries, listening to the administration of the society, when the julgue

convenient, and decides.

3-If you defer the application, designate the person who there is-to exercise the function of president and orders

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the indispensable representations to the realization of the assembly.

4-A The function of president only cede from being committed to a partner in society when the law o

determine or when ponderous reasons advise the designation of a stranger;

in this case, person of recognised idoneity is chosen.

SECTION IV

Reduction of social capital

Article 1058.

Opposition to the distribution of reserves or the profits of the financial year

1-If any social creditor wishes to obster to the distribution of the available reserves or the

profits from the financial year, must make proof of the existence of its credit and that it has requested the

Society the satisfaction of the same or the provision of adequate guarantee for at least 15

days.

2-A society is cited for contesting or satisfying the applicant's credit, if it is already

demanded, or to secure it properly.

3-On the provision of the guarantee, when it takes place, the precept is applicable as to the

provision of collateral, with the necessary adaptations.

SECTION V

Opposition to the merger and spin-off of societies and the subordination contract

Article 1059.

Process to follow

1-The creditor who intends to deduct judicial opposition to the merger or spinoff of corporations, in the

terms set out in the Code of Commercial Societies, offers proof of your

legitimacy and specifies which injury that of the merger or fission project derives to

realization of their right.

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2-It is cited for contesting the debtor society.

3-In the decision itself in which it adjudicates the opposition, the court determines, being

case, the repayment of the credit of the opoiety or, and may not this require it, to

provision of collateral.

Article 1060.

Opposition to the subordination contract

The provisions of the preceding Article shall apply, with the necessary adaptations, to the opposition

deducted by the free partner to the subordination contract, on the grounds of violation of the

provisions of the Code of Commercial Societies or the insufficiency of the counterpart

offered.

SECTION VI

Averaging, conversion and deposit of shares and bonds

Article 1061.

Right to ask for the averaging of stocks or bonds

1-If the administration of a non-averaging society, without valid grounds, within

eight days, the shares or obligations that are presented to you for this purpose, or not

pass, at the same deadline, a caution with the statement that the bonds are in

conditions of being averaged, can the shareholder or bond obligate to the court that

send the averbment.

2-A society is cited for contesting, under penalty of being soon ordered the averaging.

3-A The caution referred to in paragraph 1 has the same value as the averaging.

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Article 1062.

Implementation of the judicial decision

1-Ordered definitely the averaging, the stakeout requires that society be

notified to, within five days, comply with the decision.

2-In the lack of fulfillment, it is released in the titles the judicial belongs, which is worth to all

effects as an averaging.

Article 1063.

Effects of the decision

1-The effects of judicially ordered averaging retrograde to the date on which the

titles have been presented to the administration of the society.

2-The titles and documents are delivered to the person concerned as soon as the process is finite.

Article 1064.

Conversion of securities

1-The provisions of the preceding Articles shall apply to the case of the shareholder or obligationist having

the right to demand the conversion of a nominative title in title to the bearer, or vice-

versa, and from the administration of the society refuse to do the conversion.

2-Ordered the conversion, if the administration refuses to comply with the decision, launches into the

securities the declaration that they become the bearer or nominative, as the case may be.

Article 1065.

Deposit of shares or obligations

The deposit of bearings or obligations to the holder, necessary to take part in

general assembly, can be done at any credit institution when the administration

of society to refuse.

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Article 1066.

How to make the deposit

1-The deposit is made in the face of statement written by the person concerned, or by outrain in his

name, in which to identify the society and to designate the end of the deposit.

2-A statement is presented in duplicate, by staying one of the exemplars in power of the

depositor, with the launch of if there is the deposit.

Article 1067.

Effectiveness of the deposit

The president of the general meeting is obliged to admit to it the shareholders or obligationists

to present the filing of the deposit, provided that by it shows have the titles

been deposited within the legal period and possess the depositor the number of securities required for

take part in the assembly.

SECTION VII

Settlement of social shareholdings

Article 1068.

Application and expertise

1-When, as a result of death, exoneration or exclusion of partner, must proceed-

if, in the terms provided for in the law, the judicial evaluation of the social respect for social participation, the

interested requires that it proceed.

2-The legal representative of the incapable, in the hypothesis provided for in Article 184 (6) of the

Code of Commercial Societies, requires the exoneration of its represented and the

settlement in their benefit from the part of the deceased partner, when it should not proceed to the

dissolution of the society.

3-Cited the Society, the judge designates expert to proceed to the assessment, in accordance

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with the criteria set out in Article 1021 of the Civil Code, applying the

provisions relating to the expert evidence.

4-Oulives the parties on the outcome of the accomplished expertise, the judge sets the value of the

social participation, and may, where necessary, do precede the decision of the realization

of second forensics, or of any other representations.

Article 1069.

Application to the remaining cases of assessment

The provisions of the preceding Article shall apply, with the necessary adaptations, to the other cases

where, upon evaluation, there is room for the judicial fixation of the value of social shareholdings.

SECTION VIII

Investiture in social positions

Article 1070.

Process to follow

1-If the person elected or appointed to a social office is prevented from exercising it, may

apply for judicial investiture, justifying by any means your right to the office and

indicating the persons to whom it assigns the checked obstruction.

2-The persons indicated are said to be contesting, under penalty of deferral of the investiture.

3-Havendo contestation, is designated day for the final hearing, in which they produce the

evidence offered and those that the court deems necessary.

Article 1071.

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Implementation of the decision

1-Once ordered, it is the investiture made by clerk of the judicial office at the headquarters of the

society or at the place in which the office there is to be exercised and at that time takes place

delivery to the applicant of all things that you should be sworn in, for what if

effectuate the necessary representations, including the break-ins that become

indispensable.

2-The act is notified to those required with the warning that they cannot prevent or

disrupt the exercise of the office by the sworn office.

CHAPTER XV

Arrangements relating to ships and their cargo

Article 1072.

Achievement of the survey

1-A The survey intended to know of the navigability status of the ship is required by the

captain to the court to which to belong the port in which the ship is found to be.

2-With the application is presented the board inventory.

3-The judge appoints the experts who judge necessary and idogens for the appreciation of the various

parts of the ship and sets the deadline for due diligence, which takes place without intervention of the

Court nor the maritime authorities of the port.

4-The result of the due diligence is shown in a report signed by the experts and is notified to the

applicant.

Article 1073.

Other surveys on ship or its cargo

1-The same terms are observed in all cases in which they require survey in

ship or its cargo, out of contentious process.

2-Being urgent the survey, can the maritime authority replace the judge for the

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appointment of experts and determination of diligence.

Article 1074.

Warning in case of being foreign the ship

1-If the vessel is foreign and at the port there is consular agent of the state's respective state, it shall

officiate at this agent, giving you knowledge of the required due diligence.

2-The consular officer is admitted to apply for what is righting, for the sake of its nationals.

Article 1075.

Sale of the ship by unavegability

1-When the ship may not be repaired or when the repair is not justifiable by

be considered uneconomical, may the captain require that he enact his or her

unaveggability, to the effect of being able to alienate it without authorization from the owner.

2-A The survey is made by the form set out in Article 1072, notifying the interested

to watch, wanting, diligence.

3-If the experts conclude by the absolute or relative inavegability of the ship, such is

declared and authorizes the judicial sale of the ship and its belongings.

4-It is applicable to the case regulated in this article the precept in the previous article.

Article 1076.

Judicial authorization for acts to be practising by the captain

When the captain of the ship lacks judicial authorization to practise certain acts, he requests-

if to the court of the port in which the vessel finds itself outbreak; the permit is granted or denied,

as per the circumstances.

Article 1077.

Appointment of consignee

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1-A consignee appointment to take care of farms that the recipient recuses themselves

or do not present to receive is required by the captain to the court of the comarch to which

belongs to the port of discharge.

2-The judge listens to the recipient or the consignee whenever he resides in the comarch and, if judging

justified the application, appoints the consignee and authorizes the sale of the goods by

any of the forms stated in Article 811.

CHAPTER XVI

Attribution of assets of extinct collective person

Article 1078.

Process for the allocation of the goods

When, pursuant to Article 166 of the Civil Code, it becomes necessary to request the

court the assignment to the State or the other collective person of all or part of the goods of

an extinct collective person, the process follows the terms described in the following articles.

Article 1079.

Formalities of the application

1-The application is accompanied by all the necessary documentary evidence and indicates

a concrete project of determination of the fate of the goods to be allocated.

2-The application is given advertising by advertisement in one of the most read newspapers in the

locality where to find the headquarters of the collective person and by the affixing of editais in the

same and on the door of the court.

Article 1080.

Citations

1-Are cited to be pronounced, within 20 days, from the last quotation:

a) The Public Prosecutor's Office, if it is not the applicant;

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b) The representatives of the collective person to whom the allocation of the goods is proposed,

save the provisions of paragraph 2 of this article;

c) The liquidators of the extinct collective person, if there are and are not the

applicants;

d) The testamenter or testamenter of the author of the leaves testamentary, if they exist

and are known.

2-Being the Public Prosecutor's Office the applicant and proposing the allocation of the goods to the State,

there is no place at the citation of any other representative of this.

3-Any person who proves legitimate interest, even moral, in the cause may in it

intervene.

Article 1081.

Decision

1-The judge proceeds to the representations that he / she understands necessary and then decides.

2-In the decision, the judge may impose the duties, restrictions and cautions that understand necessary

to ensure the fulfillments of the charges or purposes to which the goods were affected.

3-From the decision it is always to appeal, with suspensive effect.

BOOK VI

Of the arbitral tribunal required

Article 1082.

Regime of the arbitral judgment required

If the arbitral judgment is prescribed by special law, it is met by what in this

determined; in the lack of determination, the provisions of the following articles are observed.

Article 1083.

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Appointment of the arbitrators-arbitrator of tie-up

1-Can any of the parties apply for notification of the other for the appointment of arbitrators,

applying, with the necessary adaptations, the one established in the law of arbitration

voluntary.

2-The third umpire votes always, but is obliged to conform to one of the others, of

mode that makes a majority on the points where there is divergence.

Article 1084.

Replacement of the arbitrators-Responsibility of the remisses

1-Se in relation to any of the arbitrators if any of the circumstances provided for in the

articles 13 to 15 of the Voluntary Arbitration Act, proceeds to the appointment of another,

pursuant to Art. 16 of that Act, by the appointment of whom he has appointed the

previous arbiter, when possible.

2-If the decision is not delivered within the time limit, this is extended by agreement of the parties

or decision of the judge, responding by the injury there has been and incurring a fine the arbitrators

who unjustifiably have given cause to the foul; there is new foul, the limits of the

fine are high at double.

Article 1085.

Application of the provisions relating to the voluntary arbitral tribunal

In everything that is not specially regulated is observed, in the applicable part, the provisions of

Law of Voluntary Arbitration.

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Statement Of Rectification To Law No. 41/2013, Of 26 June, Approving The Code Of Civil Procedure, Published In Diário Da República, 1St Series, No. 121, 26 June 2013

Original Language Title: Declaração de retificação à Lei n.º 41/2013, de 26 de junho, que aprova o Código de Processo Civil, publicada no Diário da República, 1.ª série, n.º 121, de 26 de junho de 2013

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