Recognition of Foreign Judgments in Portugal
Recognition of Foreign Judgments in PortugalUpdated on Wednesday 14th June 2017
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The recognition of foreign judgments in Portugal is done by observing the international conventions, the EU laws and the national laws that govern these types of proceedings. The Civil Procedure Code includes special provisions for the enforcement of foreign judgments.
Investors involved in cross-border disputes and foreign companies in Portugal can request specialized help whenever they are faced with having to enforce or recognize a judgment issued by a foreign court. Our law firm in Portugal has a team of experts who specialize in cross-border litigation and can help you in all cases involving foreign judgments.
Legal sources for the recognition of foreign judgments in Portugal
The most important legal sources used for the recognition of foreign judgments in Portugal include:
- the Brussels I Regulation;
- the Brussels/Lugano Conventions;
- several articles of the Portuguese Civil Procedure Code and those articles referring specifically to the recognition and enforcement of foreign judgments (articles 49, 497, 3, 1094 and 1102);
- other articles belonging to special Degrees and Laws.
Cross-border cases that involve commercial disputes can still be solved through the traditional rules of jurisdiction relating to these matters because there is no special set of rules to govern the jurisdiction of courts observing the articles of the Brussels I Regulation.
Our lawyers in Portugal can give you specific information on these laws and their applicability.
The regime for implementing foreign judgments in Portugal
Foreign judgments are required to comply with a certain standard in order to be recognized in Portugal. A formal recognition process is called “exequatur” and it is mandatory in all cases. The following documents are needed in addition to the formal claim:
- the legalized or apostilled foreign judgment;
- a translation of the documents;
- proof of the power of attorney;
- proof that the document is authentic and final;
- proof that the judgment is issued by a foreign court and it is not a matter of exclusive competence of a Portuguese court.
The judgment must be compatible with the applicable principles of public order within the Portuguese state. One of our lawyers in Portugal can give you more information on the recognition and the enforcement of judgments in the country.
You can contact us for more information on this matter and legal assistance for enforcing legal judgments.