13 Nov FOREIGN JUDGMENTS REVIEW
Foreign judgment – Need for Review in Portugal
In Rule, a sentence handed down by a foreign court or by foreign arbitrators is effective only in Portugal after being reviewed and confirmed by the Portuguese courts. No matter the nationality of the parties
For review and confirmation, the Court of Appeal of the judicial district in which the person against whom the sentence is sought is domiciled.
Usually the most recognized judgments are those of divorce and adoption abroad, however, there have been growing the review of sentences of execution of maintenance in the cases of minor children.
In order for the sentence to be confirmed it is necessary to:
That there is no doubt as to the authenticity of the document containing the judgment or the intelligence of the decision;
That it has become final in accordance with the law of the country in which it was issued;
That comes from a foreign court whose jurisdiction has not been provoked in fraud to the law and does not appear on matter of the exclusive competence of the Portuguese courts;
That the objection of lis pendens or of a res judicata can not be invoked on the ground in question affects a Portuguese court, unless it was the foreign court that prevented the jurisdiction;
That the defendant has been duly summoned to the proceedings under the law of the country of the court of origin and that the principles of adversarial proceedings and the equality of the parties have been complied with in the proceedings;
That it does not contain a decision whose recognition leads to a result manifestly incompatible with the principles of the international public order of the Portuguese State.
Documents required for review and confirmation of a foreign judgment:
Certificate of the decision, with final decision, containing the decision and its grounds or the procedural documents to which it refers;
Identification (name and address of interested parties, so that they can be cited)