The general rule in Portuguese civil procedural law in the seat of territorial jurisdiction, is that, in all cases not expressly provided for, is responsible for the action the defendant's home court. But if the defendant does not have his habitual residence, or are uncertain or absent, it will be sued in the author's home court; but the curator, temporary or permanent, of the missing goods will be required in the last domicile Court that he had in Portugal. If the defendant is the domicile and residence abroad, be sued in the courts for the place in which they find; not finding in Portuguese territory, it will be sued in the author's home and when this residence is in a foreign country, shall be competent to cause the Court of Lisbon.
In addition to the general rule, there are other specific situations:
Should be brought before the Court of the situation of the goods actions regarding rights in real or personal enjoyment of rights in immovable property, shares common thing division, dump, preference and specific performance on real estate, and even the reinforcement, replacement, reduction or purge mortgages.
The reinforcing actions, replacement, reduction and mortgage purge on ships and aircraft are brought within the jurisdiction of the respective registration, can the author opt for any of them if the mortgage cover mobile enrolled in various constituencies.
When the action for purposes of a de facto universality, or movable and immovable property or properties located in different districts will be proposed in the corresponding court to the situation of the most valuable real estate, should be taken into account for this purpose, the tax values real estate; if the building is the action object is situated in more than one territorial area, such action may be brought in any of the constituencies.
The action aimed at enforcing compliance with obligations, compensation for non-fulfillment or defective performance and termination of the contract for failure to comply will be proposed at the defendant's home court, the creditor may choose the place of the court where the obligation should be fulfilled if the defendant is legal person or when reaching the lender's home in the metropolitan area of Lisbon or Oporto, the defendant is domiciled in the same metropolitan area.
If the action is intended to carry out the liability based on tort or based on risk, the court is equivalent to the place where the event occurred.
For the actions of divorce and separation of people and goods it is competent the Court of domicile or residence of the author.
To share fees of legal or technical representatives and to the collection of customer advance payments, a court of the case in which the service was rendered, that should run for appended to this.
If the question was, however, established in the Court of Appeal or the Supreme Court, the fee action will run in the District Court of the debtor's domicile.
The court of the port where it is or should be given the cargo of a ship, which suffered heavy damage, it is competent to regulate and distribute this malfunction.
The action for damages in collision of ships can be brought in the courts for the place of the accident, in the domicile of the owner of the crashed ship, the place to which he belongs or where the vessel is found and the place of the first port to enter the ship rammed.
Wages owed by salvation or service ships may be required in place of the court that occur in the owner's place of residence of the saved objects and the place to which he belongs or which is found the rescued ship.
The action to be freely judged privileges a ship acquired by consideration or not will be proposed at the port of the court where the ship was outbreak at the time of purchase.
As for injunctions and earlier steps to the proposition of the action, will be observed the following:
a) The seizure and the enrollment both may be required in court which should be offered the respective action, as in the place where the goods are located or, if there is property in several districts, in any of these;
b) For the construction embargo is competent the work place of the court;
c) for other interlocutory proceedings a court that should be offered the respective action;
d) The early steps of proof will be required in place of the court that have to be effected.
The process of the acts and measures referred to is appended to the respective action, for what should be sent, whenever it is deemed necessary, the court in which it is proposed.
The spare notifications will be required in the court in whose area the person resides to be notified.
If the defendant is the State, the defendant's home court substituted for that of the author's home.
If the defendant is another legal person or a society, it is sued in the court of the principal place of management or the branch headquarters, agency, branch or delegation, as the action is directed against this or against them; but the action against legal persons or foreign companies which have a branch, agency, subsidiary, delegation or representative in Portugal can be proposed in the seat of the court of these, although it is requested to quote the main administration.
More than one defendant and overlapping requests
If there is more than one defendant in the same case should be all defendants in the largest number of home court; if it is equal the number in different households, the author may choose any of them.
If the author accumulate requests to the assessment of which are territorially competent various courts, you can choose any of them for the filing, unless the power to assess some of the applications depend on some of the connection elements that allow the unofficial knowledge of relative incompetence; in this case, the action is proposed in this court.
When cumulative, however, claims among whom there is a relationship of dependency or subsidiarity, the action must be brought before the competent court for the examination of the main application.
Except in the special cases provided for in other provisions, is responsible for running the home run of the court, the judgment creditor may choose the place of the court where the obligation must be fulfilled when the debtor is legal person or when, standing at the domicile of the judgment creditor in the metropolitan area of Lisbon or Porto, the run is domiciled in the same metropolitan area.
However, if the execution is right thing to delivery or debt with collateral, are, respectively, the competent courts for the place where the thing is, or the situation of the encumbered assets.
When running there to be introduced in respect of home runs the court and this is not domiciled in Portugal but has assets here, is responsible for running the court of the situation of these assets.
The execution of cumulative cases to the assessment of which are territorially different courts competent, is the domicile of the competent court of the run.
In implementing decision given by the Portuguese courts, the executive application is made in the process to which it was made, running implementation in own selves and being exclusively settled independently, except when the process has since gone on appeal, where the runs transfer.
When, under the law of judicial organization, is responsible for implementing section specialized execution, should be sent to this, a matter of urgency, sentence copy of the application that initiated the implementation and accompanying documents.
If the judgment was given by arbitrators in arbitration that took place in Portuguese territory, it is responsible for implementing the district court of the place of arbitration.
If the action has been brought in relation or in the Supreme, is responsible for running the home court of the run.
Execution founded in foreign judgment
For the implementation founded on a foreign judgment is competent home court of the run.
The competent court for action is also jurisdiction in incidents that arise in it and the issues that the defendant raises as a defense.
The court action is responsible for matters deducted by way of counterclaim, since it has jurisdiction to them on grounds of nationality, of matter and hierarchy; if not, the plaintiff is acquitted of the instance.
The parties may agree which court has jurisdiction to resolve a particular dispute or disputes which might arise in a legal relationship, since the disputed relationship has connections with more than one legal system. Conventional designation may involve the allocation of exclusive jurisdiction or merely an alternative to the Portuguese courts, where it exists, assuming that is unique in doubt.
The choice of court is only valid when it cumulatively the following requirements:
a) concern a dispute over rights available;
b) be accepted by the law of the designated court;
c) be justified by a serious interest of both parties or one of them, since it does not involve any significant inconvenience to the other;
d) Do not fall on the sole responsibility of the Portuguese courts;
e) Result of written or confirmed by written agreement, it should be made explicit mention of competent jurisdiction.
It is considered in writing the document constant agreement signed by the parties or the emerging of an exchange of letters, telex, telegrams or other means of communication which leaves a written test, whether such instruments contain directly the agreement either of them appearing referral clause to a document in which it is contained.
With regard to the jurisdiction of minors, it is responsible for the implementation of measures to promote child rights and child protection the protection committee or the court of the home area of the child or young person at the time it is received communication of the situation or brought the lawsuit.
If the residence of the child or young person is not known, nor is possible to determine it, is competent protection commission or the place where a court or another are found.
Notwithstanding the above, the protection committee or the place of the court where the child or young person is found performs the steps considered urgent to take the necessary measures for their immediate protection.
If, after applying the measure, the child or young person to change residence for more than three months, the case shall be referred to the protection committee or to the new residence area of the court.
Except as now just mentioned, it is irrelevant the fact that modifications that occur later at the time the proceedings were instituted.
Without prejudice to the territorial jurisdiction rules when the dangerous situation simultaneously cover more than one child or young person, a single process can be implemented and, having been brought distinct processes, can proceed to the consolidation of all of them to what was established in First, if family relationships or situations of danger in concrete warrant.
Where for the same child or young, are successively brought promotion and protection processes, tutorial educational or relating to civil guardianship providences, they must run for attached, being competent to them to know the judge's proceedings first.
Powers to assessment of the facts and the application of educational tutelary measure the lower house of the court at the time the process is initiated. Being unknown the residence of the minor is competent court of residence of the holders of parental responsibility. If the holders of parental responsibility have different residences, is competent court of residence that have the care of the minor is entrusted or, in the case of joint custody, with whom the minor resides. In other cases, a court of the place of committing the act or not this being determined, the location of the court where the child is found.
Are irrelevant changes that subsequently occur at the time of the beginning of the process.
The court on whether the practice site and the place where the minor is found perform urgent steps.
