Section 9 of PORTUGUESE CODE OF

SECTION I SUMMONS AND OPPOSITION Article 811 – Summons or notice for execution - The Decree Holder (execution applicant) shall apply that the Judgement Debtor (execution opponent) be summoned to, within a period of 10 days, pay or indicate the assets for the purposes of attachment. Where at the preliminary stage there were proceedings for liquidation, the summons shall be substituted by notice done on the attorney appointed or at the domicile which the Judgement Debtor (execution opponent) might have selected. So also, service by summons shall be substituted by notice when the Judgement Debtor (execution opponent) having been earlier summoned for the execution of a title, another

executory title is added in the pending execution. Article 812 – Means of opposition - The Judgement Debtor (execution opponent), instead of paying or indicating the assets for the attachment, may object to the execution by way of objections or by simple application. He may also prefer appeal from order against the order which directed his service by summons. § 1: It is not lawful to use simultaneously the second and the third means; but it is permissible to use any of them and the first one, provided that there is no reproduction in one of what has been said in the other. § 2: The objections are meant specially to plead facts which cannot be proved by way of documents. When the execution opponent is availing of this remedy, he may plead therein all the defences that he has. Article 813 – Grounds of defence when execution is based on a judgement - If the execution is based on a final judgment, the objections may be raised, only on any of the following grounds: 1. Lack of locus standi of the Decree Holder (execution applicant) or of the Judgement Debtor (execution opponent) or his representation; 2. Erroneous joinder of prayers or erroneous joinder of the execution applicants; 3. Non enforceability of the title; 4. Falsity of the proceedings or of the integral copy of the same or authenticity of the later which has bearing on the merits or manner of execution; 5. Absence or nullity of the first summons in the suit when the defendant has not participated in the proceeding; 6. Absence of any requirement necessary to make the obligation certain, liquid and enforceable; 7. Res judicata of the judgment operating from a previous judgment different from that under execution; 8. Prescription of the right or of the obligation, or of the installments accrued after the judgment;

the passing of final judgment and it is proved by the document. § Sole Paragraph: Lack of locus standi of the execution applicant or of the execution opponent consists in not being the person or legitimate successor in whose favour the judgment was passed

or against whom it is res judicata. See also Articles 46, 53 and 58 and following of this Code.

mentioned in the previous article, but also on the following:- 1. Nullity of the arbitral clause, arising either from the object or the capacity of persons; 2. Lapsing of the arbitral clause; 3. Nullity of the trial judgment, when the parties have renounced previously to the appeals. See also Articles 668, 1562 and 1564 of this Code.

Article 815 – Grounds of objection when execution is based on another title - When the

execution is not based on the final judgment, in addition to the grounds of objection specified in article 813, to the extent applicable, any other grounds which would be available as defence in a suit for declaration. § Sole Paragraph: If it is a case of execution of credit secured by mortgage, the locus standi of the Judgement Debtor (execution opponent) may be raised on the basis that another person is the possessor of the assets mortgaged. See also Article 56 paragraph 1 of this Code.

Article 816 – Time limit for objection - The objection by way of “embargo” or by simple

application shall be filed within the period of 10 days from the time of the service of summons, except where the ground is supervening, because in such case the ground should be raised within 10 days subsequent to the occurrence of respective fact. § 1: The objections shall be filed in paragraph wise pleadings. § 2: The objection by way of simple application shall not be granted without prior hearing of the Decree Holder (execution applicant). Article 817 – Norms for the objections - The objections shall be immediately rejected: 1. When they are filed beyond the limitation; 2. When the ground raised does not really fit in the provisions of articles 813 and 814; 3. Where it is manifest that objection of the Judgement Debtor (execution opponent) cannot be entertained.

If the case does not fit in any of the above clauses, the objections are to be accepted and shall be processed as an appendage. Time of 10 days shall be given to the Decree Holder (execution applicant) for inspecting the file of the proceedings in order to contest the objections. Thereafter without any further pleadings, the procedure of an ordinary suit for declaration shall be followed. See also Articles 481 no. 3, 811 and 812 of this Code.

Article 818 – Effect of receiving objections - The acceptance of objections filed against the

execution based on final judgment shall not suspend the execution, unless the applicant of objections deposits the amount demanded or corresponding value by way of credit instruments with discount of 20% over the quotation, or he furnishes security of the equivalent amount by way of mortgage or bank guarantee of a reputed bank. § Sole Paragraph: If the objections do not cover whole amount subject of execution, the execution shall proceed further to the extent is not covered by the objections even where the objector makes the deposit or furnishes the security. If the objections are filed to oppose execution based on title different from a final judgment, the objector may get stay offering the security by any of the means indicated in article 436 and in no. 2 of article 443.

Article 819 – Furnishing of security - When the execution against which objections are in

progress, the Decree Holder (execution applicant) or any creditor may not seek payment, as long as the objections are pending, without furnishing the security. If the Decree Holder (execution applicant) or the creditor is to receive immobile assets, the amount of the security shall be fixed considering two years income of those assets; in all other cases the value of the thing to be delivered is considered for the purpose of furnishing the security. See also Article 443 of this Code. Article 820 - Objections suo-moto - Even though there is no objection, no execution based on conciliation or contract over an object which does not admit compromise, shall be admitted nor allowed to be prosecuted.

SECTION II ATTACHMENT SUB- SECTION I ASSETS WHICH MAY BE ATTACHED Article 821 – Object of execution - Only assets may be the object of the execution. As a rule all the assets of the debtor and only these assets are subject to execution. Article 822 – Assets which cannot be attached - The rule that all the assets of the debtor are subject to execution is subject to exceptions which are enumerated below. The following assets are not subject to attachment in execution: 1. The assets of the State and of colonies, except where the execution is pertaining to a certain thing or for the payment of debt which is secured by privilege or mortgage; 2. The assets of all the public bodies meant for public purpose, with the exception prescribed in the previous item; 3. Buildings and objects meant for public cult; 4. Tombs; 5. The assets or rights which law declares to be inalienable or are duly compromised is not permitted; 6. Fixed or moveable material of the railways; 7. The object of which seizure would be offensive to the public morality and those objects which have no economic value; 8. Homes of families; 9. The commodities and provisions which are necessary for the sustenance of the Judgement Debtor (execution opponent), of his family and his house personnel for one month and combustible which is to be consumed during the same length of time;