Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Portugal
Yes. Enforcement must always be preceded by an exequatur decision of a Portuguese court.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.2
What is the formal process for recognition and enforcement?
 
Portugal
In order for a foreign judgment to be valid in Portugal, the first step is to initiate the process for recognition via an exequatur decision. Only once an exequatur decision has been issued will it be possible to enforce the foreign judgment in Portugal, whether by way of the initiation of enforcement proceedings or other type of action.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.3
What documents are required in support of an application for recognition and enforcement?
 
Portugal
A certificate of the judgment, issued and certified by the court that issued it, confirming that the judgment is final and duly legalised (under the Apostille Convention or by consular certification).

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.4
What fees are payable for recognition and enforcement?
 
Portugal
The fees are determined based on the Rules of Procedural Costs and will depend on the value of the claim. No fees are payable for the recognition of judgments passed by EU member states.

However, because court fees are payable in two instalments, and the second instalment falls due only once a trial date is set – which seldom happens – in practice the court fees are usually half the established rate.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.5
Is the applicant required to provide security for costs?
 
Portugal
The court fees must be paid before the request for recognition is filed.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Portugal
This depends on several factors, including any obstacles to service. If the defendant is summoned quickly, it usually takes between five and nine months.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Portugal
Yes, through a cautionary procedure, which may be general or specific (eg, concerning asset attachments or compulsory inventories), as long as the fear of damage to the invoked right may be indicatively proven.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL