Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Portugal
Yes. A foreign judgment will be recognised only if the defendant was duly served and the principles of fair hearing and equality between the parties were respected.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Portugal
The Portuguese court will verify that the jurisdiction of the foreign court was not obtain by fraudulent means and that it is not contradicted by exclusive Portuguese jurisdiction.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Portugal
Yes. The court will confirm that there is no doubt as to the authenticity of the document containing the judgment or the reasoning of the decision; and that recognition of the judgment would not be manifestly incompatible with the principles of international public order of the Portuguese state.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.4
Will the court review the merits of the foreign judgment?
 
Portugal
No, except insofar as is necessary to verify that the judgment is not incompatible with the principles of international public order of the Portuguese state. If the defendant is a Portuguese citizen or company, the Portuguese court may also verify that, if Portuguese law were found to be the governing law under the Portuguese conflict of laws rules, and were applied accordingly, the decision would not be more favourable to the defendant.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Portugal
A foreign decision can be recognised only if the exception of lis pendens or res judicata cannot be invoked regarding a case between the same parties before a Portuguese court, unless it was the foreign court that prevented jurisdiction Otherwise, this will be considered a dilatory objection and the Portuguese court will not decide on the matter and thus will not recognise the judgment.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Portugal
Yes. The court of its own motion (ex officio) can deny recognition if, upon examining the case or applying knowledge derived from the performance of its duties, it finds that any of the necessary criteria mentioned in questions 2.1, 5.3 and 5.5 are not met.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.7
Is partial recognition and enforcement possible?
 
Portugal
No. The decision concerns recognition of the foreign judgment only; the Portuguese court will not change or adapt the original decision.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Portugal
The court will not deal with these issues regarding the foreign judgement. If they are part of the judgment, they will be included in the recognition decision. Otherwise, they are not subject to the court’s jurisdiction.

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