Preamble

AND CONFIRMATION OF FOREIGN JUDGMENTS

Article 1100 – Foreign Judgments subject to review and confirmation - Without prejudice to what is provided in treaties and special law, no judgment on private rights, passed by a Foreign Court or Foreign Arbitrators, shall have effect in Portugal, regardless the nationality of the parties, without the foreign judgment having being reviewed and confirmed. Review will not be required when the decision is relied upon in any pending proceedings in Portuguese Courts, as matter of evidence and is subject to appreciation by the Court deciding the matter. Articles 1100-1106 – Review and confirmation of foreign judgments - Corresponding provisions in C.P.C. 1908: - oWhen foreign judgement not conclusive - S. 13 oExecution of decrees passed by Courts in reciprocating territory - S. 44A oExecution of Decrees and Orders – Notice to show cause against execution in certain cases – O.XXI, r.22(1)(b). Article 1101 – Jurisdiction - Review and Confirmation shall lie before the High Court having jurisdiction at the place at which the person against whom the judgment is sought to be enforced is domiciled or resides. In this chapter “Review” simply means scrutiny of the foreign judgments by the High Court for the purpose of confirmation. This expression in this chapter does not have the same meaning as in the Indian CPC.

If such a person has no domicile or residence in Portugal, the High Court within who jurisdiction, the Petitioner is domiciled or residing shall have jurisdiction, except where the judgment is of patrimonial nature and it is to be enforced against the person who has assets in Portuguese territory, because in such case Revision can be asked in any of the High Courts where the assets are situated. When none of the requirements foreseen in the previous paragraphs are satisfied, any of the High Courts will have jurisdiction to entertain the matter. Article 1102 – Requisites necessary for confirmation – In order that the judgment be confirmed it is necessary: - i) that there are no doubts about the authenticity of the document on which the judgment is recorded nor about the intelligibility of the decisions; ii) that it has become res-judicata according to the law of the country in which it was pronounced; iii) that it arises from a court having jurisdiction according to the Portuguese Law rules relating to the conflict of jurisdiction; iv) that the defence of litispendence or res-judicata based on a case subject to a Portuguese Court is not available, unless it was the foreign court which prevented the jurisdiction; v) that the defendant has been duly summoned: except in a matter which under Portuguese Law would not require initial notice; and if the decree was passed against the defendant immediately, due to non-filing of Written Statement in the suit, in such event the summons should have been served on him personally; vi) that it does not contain decisions contrary to the principles of Portuguese Public Order; vii)that having been pronounced against a Portuguese National it does not violate the provisions of Portuguese Private Law when it had to be decided by the latter, according to the Portuguese Law rules of Conflict of Laws. § Sole Paragraph – The provisions of this article are applicable to an arbitral award so far as may be. Article 1103 – Procedure for review - Once the document is presented the opposite party shall be notified to file his Written Statement in 10 days. The applicant may rejoin in the 8 days subsequent to the time fixed for Written Statement.

In these pleadings any steps which the parties may require shall be applied for. After the steps that the Judge in charge of the proceeding considers indispensable, the inspection of the file shall be made available to the parties and to the State for the purpose of hearing, for a period of 10 days for each and thereafter duly concluded it shall go to four judges following the judge in charge of the proceedings and finally to the latter, a time of seven days being allotted to each judge for his observations and opinion. Article 1104 – Grounds of defence – The party summoned may only raise defence based on the absence of any of the requirements mentioned in Art.1102 or if it is found that any of the grounds of review specified in clauses 1, 3 & 7 of art.771 have arisen. Article 1105 – Suo-moto action by the Court – The Court shall suo-moto verify whether the requirement of clauses 1, 6 & 7 of Art.1102 arise simultaneously; and shall also suo-moto refuse the confirmation when after going through the proceedings or through knowledge obtained in the exercise of its functions it finds that any of the requirement of clauses nos.2, 3, 4 & 5 of the said article are not compiled. Article 1106 – Appeal from the final decision – From the decision of the High Court an appeal shall lie. The State may appeal on the ground of violation of clauses 3, 6 & 7 of Art.1102.