Enforcement of Foreign Judgments Comparative Guide

Author:Mr Paulo von Hafe
Profession:Ana Bruno & Associados Sociedade de Advogados SPRL
 
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1 Legal and judicial framework

1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?

The Code of Civil Procedure and EU regulations.

1.2 Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?

EU regulations; the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and its Protocol; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

1.3 Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?

The court of appeal at the place where the person against which enforcement is sought is domiciled; or, in the case of judgments handed down in EU member states, local courts with the same internal jurisdiction

2 Requirements for enforceability

2.1 What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?

In order for a judgment to be recognised and enforced in Portugal, the following criteria must be met:

There is no doubt as to the authenticity of the document containing the judgment or the reasoning of the decision; The judgment is considered res judicata under the law of the country in which it was rendered; The jurisdiction of the foreign court was not determined by fraud and the case does not fall within the exclusive competence of the Portuguese courts; 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; The defendant was properly summoned to the proceedings in accordance with the law of the country of the court of origin, and the principles of fair hearing and equality of the parties were observed; Recognition of the judgment would not be manifestly incompatible with the principles of international public order of the Portuguese state.

2.2 Must a foreign judgment be final and binding before it can be enforced?

Yes. Certification is required to confirm that the judgment is considered res judicata under the law of the country in which it was rendered.

2.3 Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?

No. Certification is required to confirm that the judgment is considered res judicata under the law of the country in which it was rendered.

2.4 What is the limitation period for making an application for recognition and enforcement?

There is no limitation period. As long as the original decision remains valid, it may be subject to recognition...

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