PORTUGAL Law and Practice Contributed by: Joaquim Shearman de Macedo, Pedro Metello de Nápoles, Luís Heleno Terrinha and Ana Coimbra Trigo, PLMJ
PLMJ Advogados, SP, RL. Av. Fontes Pereira de Melo, 43 1050‑119 Lisboa Portugal
Tel: +351 213 197 300 Email: plmjlaw@plmj.pt Web: www.plmj.com
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position There are several databases available used by enforce - ment agents (but not for public access) to search and identify the asset position of another party against which enforcement is being sought. These include: • Enforcement Online Registry ( Registo Informático de Execuções ); • databases of the Tax Authority; • databases of the Social Security Institute; • public registry information such as real estate reg - istry, commercial registry, car vehicle registry, legal Subject to judicial authorisation, Portuguese law also provides for the possibility of accessing information subject to confidentiality regimes. Portuguese law allows the creditor to seek interim attachment orders prior to the enforcement proceed - ings if there is a danger that the debtor might disap - pear or become insolvent prior to the satisfaction of the underlying obligation. If successful, the interim attachment will be ordered without prior hearing of the debtor. entities registry, or civil registry; and • databases of the Bank of Portugal.
2. Domestic Judgments 2.1 Types of Domestic Judgments
Different categories of decisions may be considered to be within the broader concept of domestic judg - ment according to Portuguese law. As a general rule, Portuguese law provides that any orders, decisions or acts of a judge that impose obligations and require compliance by an addressee are equivalent to judg - ments. The following types of domestic judgments can be found in the Portuguese legal system: • declaratory judgments (aimed at assessing wheth - er a situation, right or fact exists or not); • condemnation judgments (aimed at ordering the addressee to make a payment, perform or refrain from an action, or deliver an object); • constitutive judgments (aimed at introducing a change in the existing legal order); and • enforcement judgments (aimed at ensuring the coercive performance of an obligation). Interim relief is also available whenever one party has a justified fear that another party may cause serious and irreparable damage to its rights. In these instanc - es, the plaintiff shall demonstrate in court the prob - able existence of the asserted right and invoke a set of facts that justify its fear of irreparable damage and the need for urgency. 2.2 Enforcement of Domestic Judgments Enforcement of domestic judgments, when voluntarily not complied with, will proceed by filing a legal action
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