Do you know what the Foreign Sentence review is, and how it is done in Portugal?
Sentences on private rights, handed down by foreign courts, that is, courts that are not Portuguese, are not effective in Portugal without being reviewed and confirmed (article 978 of the CPC), except in some specific cases, which may be agreed in international treaties, conventions, European Union regulations and special laws.
The general rule is that these sentences are not effective and do not take effect in Portugal without first being reviewed and confirmed.
How is this review and confirmation carried out? Through a special judicial process called Foreign Judgment Review and Confirmation Action.
There are some examples of foreign sentences that require this review action here: Divorce sentence, whether consensual or contested, handed down at a Notary's Office or in Court; Adoption sentence; Decision on the Regulation of Parental Responsibilities, among many others.
Possibility of joint application (no need to summon the opposing party)
Once the initial petition for Review of Foreign Sentence has been filed, the opposing party will be summoned to respond, if they want to. However, an interesting detail is that the review can be requested jointly by both interested parties.
For example, a couple who divorced in US and are interested in the sentence taking effect in Portugal, can jointly request the review and confirmation of the sentence, so that no opposing party will be summoned to present opposition.
This joint review request is interesting for 2 reasons, mainly:
- firstly because the process tends to be faster, since it will not be necessary to summon the opposing party, and they will not file an opposition; and
- secondly, the value of the court fee for the process (which, in general, can reach €612.00, payable by each party) falls by half when the process is initiated jointly by the interested parties (therefore € 306 .00, and to be paid only once, due to the joint application).
If you need a foreign judgment to take effect here in Portugal, do not hesitate to look for a qualified lawyer to assist you in this process.
Comentários