The Portuguese Code of Civil Procedure, 1939

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PORTUGUESE CODE OF
CIVIL PROCEDURE, 1939

Official Translation with notes
First Edition
January, 2019
© Government of Goa
Price: Rs.
Published by Government of Goa
Printed by Govt. Ptg. Press,
Government of Goa,
Mahatma Gandhi Road,
Panaji - Goa – 403001
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GENERAL CONTENTS
Contents Page No.
1. Introductory Note ……………… v
2. Internal Organization of the Portuguese Code
of Civil Procedure, 1939 ……………… ix
3. Preliminary Law (Decree Law No.29637, of 28th May 1939)…………… xi
4. Decree Law No.29950, of 30th September, 1939 ……………… xiii
5. Ministerial Order No.9677 of 30th October, 1940 ……………… xvii
6. Table of contents ……………… xxv
7. Detailed index of articles ……………… xxxvii
8. Comparative Table of the provisions of Portuguese
Code of Civil Procedure, 1939 and Civil Procedure
Code, 1908 ……………… xci
9. Portuguese Code of Civil Procedure, 1939 ……………… 1 - 492
iii
iv
INTRODUCTORY NOTE
The Portuguese Code of Civil Procedure, 1939, covers a wide range of topics which are
procedural and more. True to the Civil Codification system it also has the pattern of defining a
concept and then expounding the rules regulating it.
 The Portuguese Code of Civil Procedure, 1939, initially survived by virtue of Section
5(1) of the Goa, Daman and Diu Administration Act, 1962. Thereafter, the Code of Civil
Procedure of 1908 was extended to Goa by the Goa, Daman and Diu (Extension of the
Code of Civil Procedure and the Arbitration Act) Act, 1940 ( Official Gazette, Series I,
No. 9, dated 02/06/1966) of which Section 4 (1) provided:
“4 (1). So much, of any law in force in Goa, Daman and Diu as corresponds to the Civil
P. C. of 1908 shall stand repealed as from the coming into, force of this Act in Goa,
Daman and Diu.
Provided that the repeal shall not affect -
(a) the previous operation of any law so repealed or anything duly done or suffered
thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any
law so repealed, or
(c) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation or liability as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced as if this Act had not been passed.
Provided further that, subject to the preceding proviso notifications published,
declarations and rules made, places appointed, agreements filed, awards made or filed,
scales prescribed, forms framed, appointments made and powers conferred under any
law so repealed shall, so far as they are consistent with the said Code or as the case may
be, the said Act have the same force and effect as if they had been respectively published,
made, appointed, filed, prescribed, framed and conferred under the said Code or the said
Act and by the authority empowered thereby in such behalf.
v
(2) In every law or notification passed or issued before the commencement of this Act in
which reference is made to or to any Chapter or Section or provision of any law hereby
repealed, such reference shall, so far as may be practicable, be taken to be made to the
said Code, or, as the case may be, to the said Act, or its corresponding part, order,
section or rule".
 Sub-section (1) of Section 1 provided that the Act shall come into force on such date as
the Central Government may by notification in the official Gazette appoint. Accordingly,
by notification No. S.O. 1597 dated May 24, 1966 published in the Gazette of India,
dated June 10, 1966, the Central Government appointed the 15th June, 1966 as the date on
and from which the Civil P. C., 1908 and the Arbitration Act, 1940 came into force in the
territory of Goa, Daman and Diu.
It is needless to point out that once the Civil P. C., 1908 and the Arbitration Act, 1940
came into force as from 15th June, 1966 all suits and executions were filed under the
Civil P. C., 1908 with the result that the Portuguese Code of Civil Procedure,
corresponding to the provisions of the Indian Civil P. C. stood repealed.
 Some of the matters in which the Portuguese Code of Civil Procedure, 1939 remained in
force are the following:-
1. Inventory Proceedings – Articles 1369 – 1447, now incorporated in the Goa
Succession, Special Notaries and Inventory Proceeding Act, 2012.
2. Children and Spouses – Articles 1452 – 1470
3. Division and Separation by mutual consent – Divorce by mutual consent – Articles
1471 – 1474
4. Consent through Court – Articles 1477 – 1479
5. Council of family and guardianship – Articles 1490 – 1499
6. Verification of pregnancy – Articles1500 – 1501
7. Assets of Absentee – Articles 1502 – 1506
8. Notice of preemption – Articles 1511 – 1518
9. Estate in abeyance – Articles 1519 – 1522
10. Executorship – Articles 1523 – 1530
vi
11. Rendering of accounts – Articles 1012 – 1022
12. Valuation – Articles 607 – 612
13. Amendment of pleadings – Article 278
14. Stay of proceedings – Article 284
15. Permission through Court – Articles 281 – 291
16. Appeals – Articles 677 – 782
This is only an illustrative, not an exhaustive list. All these topics need a full legislative revision
and updating; in particular most of them would need to be specifically incorporated in a new
statute.
 In this translation to guide and facilitate the use of the Code as to which articles are in force
or not, notes have been inserted wherever possible below the articles or as footnotes all over
the text of this translation.
 In various areas of law although corresponding Indian Acts have been extended to Goa, there
are provisions in the Code of Civil Procedure, 1939 which do not have a corresponding provi-
sion in the equivalent Indian legislation. Therefore it is often an open arguable question
whether a provision of the said Code of Civil Procedure is in force or not.
 A comprehensive re-codification of the Code of Civil Procedure, 1939 alongwith the substan -
tive Civil Code 1867, (including in it also the Family Laws, Succession and Inventory), the
Civil Registration Code, 1912 and Notarial laws into one unit is the need of the hour.
 Article 348 of the Constitution provides for an English translation of legislation which is in a
language other than English. Such a translation is to be published in the Official Gazette and
shall thereafter be deemed to be the authoritative text thereof in the English language.
 The High Court of Bombay at Goa by Order dated 24/03/2017, observations dated
26/09/2018 and a subsequent Order dated 17/10/2018 in Public Interest Litigation (Suo
vii
Moto) No.1 of 2017 also ordered that an official translation of this Code in English be pre -
pared.
 In this Code, each provision is referred to as an article which corresponds to what we call sec-
tion in Indian legislation
 In the said Code, the word Section is a part of a chapter and consists of a number of articles.
 Brief titles/ headnotes have been inserted for each Article of the Code so as to facilitate
its use.
 Many concepts in the Code of Civil Procedure do not have a synonymous expression in In -
dian or English Law. Hence various legal concepts and expressions have been translated to
the nearest possible meaning.
 Pure Civil Procedure itself is laid down in extreme detail which perhaps we would find exces-
sive and unnecessary in view of the pattern to which we are used.
Dr. F.E. Noronha
viii
Internal Organization of the Portuguese Code of Civil Procedure, 1939
The Code is divided into four Books. Each Book is divided into Titles, each Title into Sub-
titles, each Sub-title into Chapters, each Chapter into Sections, each Section into Sub Sections,
each Sub Section into Divisions and each Division consists of Articles :-
Book I – Action – has two Titles
Book II – Jurisdiction and prevention of bias – consists of a single Title
Book III – Proceedings – consists of four Titles
Book IV – Arbitral tribunal – consists of two Titles
ix
x
Preliminary Law
(Decree Law No. 29637, of 28th of May 1939)
In exercise of the powers granted by the 2 nd part of No.2 of Article 109 of the Constitution, the
Government decrees and I enact the following to operate as law:
Article 1
(Promulgation)
The Code of Civil Procedure, which is part of present law, is approved.
Article 2
(Commencement and extent of operation)
The Code shall come into force in the entire continent and adjoining islands on the 1 st day of
October of the current year.
Article 3
(Revocation of previous law)
With effect from the date of the commencement of its operation, all previous legislation on civil
and commercial procedure is repealed, and specifically the Code of civil procedure of 8th
November 1876, the decree No.4618 of 13 th July 1918, the decree No.21287 of 26 th May 1932,
the Code of commercial procedure of 14th December 1905 and the Code of Bankruptcies,
approved by decree No.25981 of 26th October 1935.
§ Sole Paragraph: exception is made for procedural legislation contained in the Labour Code and
in the Code for roadways, as well as special legislation on procedure in liquidation of banking
houses and expropriations for public purpose.
Article 4
(Regime for subsequent alterations)
All the modifications which are made in future on matter contained in the Code of civil procedure
shall be considered as being part of the same and inserted at appropriate place, such modifications
xi
being always effected by means of substitution of the modified articles, elimination of articles not
in use or by the addition of those which are necessary.
Article 5
(Improvements to the Code)
It is for the office of the Attorney General of the Republic to receive all the representations
suggesting improvements to the Code and to submit to the Government all the measures which
are deemed appropriate for this purpose.
Article 6
(Extension to the colonies)
The Government is hereby authorized to extend the Code of Civil Procedure to the Colonial
Empire, with modifications which the special circumstances of the colonies demand.
To be published and carried out in the manner contained therein.
Palace of the Government of Republic, 28 th May, 1939. ANTÓNIO ÓSCAR DE FRAGOSO
CARMONA - António de Oliveira Salazar - Mário Pais de Sousa - Manuel Rodrigues Júnior -
Manuel Ortins de Bettencourt - Duarte Pacheco - Francisco José Vieira Machado - António Faria
Carneiro Pacheco – João Pinto da Costa Leite - Rafael da Silva Neves Duque.
xii
Decree Law No.29950 of 30th of September, 1939.
Article 1
Articles 60th, 471st, 474th, 791st, 792nd, 806th and the sole Paragraph of Article 933 rd of the Code of
Civil Procedure shall now have following wording:*
Article 2
In between Articles 1162 and Article 1164 of the Code of Civil Procedure one article having
following text is inserted:*
Article 3
The pecuniary jurisdiction of the High Courts is of 20000$ and that of the Courts of judicial
division is 6000$, whatever may be the nature of the assets.
§ 1.Appeal shall always lie to the Supreme Court of Justice:
1st. From decisions appealed from on the ground of absolute lack of jurisdiction of the court or
violation of "res judicata".
2nd. The order which ﬁxes for the suit, the incidental proceeding or for the preventive and
conservatory proceeding the value within the pecuniary jurisdiction of the court of judicial
division or the High Court, if the appeal is preferred on the ground that the value exceeds the
pecuniary jurisdiction;
3rd. Any other actions or incidental proceedings for which by a special law such appeal is
admissible.
§ 2. The subject of pecuniary jurisdiction is regulated by law in force at the time of the institution
of the action.
________________________________________
* the amended text has been inserted at the appropriate places.
xiii
Article 4
The collective court shall have jurisdiction to decide cases of value above 6000$, excepting only
the suits where special procedure is prescribed which excludes the intervention of the same
collective court.
In the incidental proceedings, in the preventive and conservatory proceedings and in the
executions, the collective court shall intervene only where ordinary and summary procedure of
declaration is to be followed and when the value exceeds that limit.
§ Sole Paragraph: The questions of fact of the jurisdiction of the collective court are those which
are to be ﬁnally decided.
Article 5
Until the new Judicial Statute is not published, the provisions of Article 46 to 68, both inclusive,
shall continue in force as well as of Code of Bankruptcy approved by Decree No.25981 dated
26/10/1935, with respective table annexed.
Article 6
The ﬁnes to be imposed in civil proceeding shall be ﬁxed, unless provided to the contrary,
between 50$ and 1000$ and from such amount 50% goes to the account of the court and of the
Bar organization, in equal parts, and the balance 50% shall be income of the Government.
§ Sole paragraph: The ﬁnes to be imposed to the litigants in bad faith shall be between 500$ and
50000$ and shall revert, in equal parts to the State and other half to the account of the court and
the Bar organization.
Article 7
As and when they fall vacant, the posts, one of Judge of the Supreme Court in the cadre of the
Supreme Court of Justice and two of Judges in each of the High Courts of Lisbon and Porto are
extinguished.
Article 8
The 10th criminal court at Lisbon is extinguished and the judicial circle no.48 to be formed by the
judicial divisions of Almada and Montijo, and the respective collective courts shall be constituted
xiv
of the Judge of the judicial division where the proceeding is pending, by his substitute and by the
Judge of other judicial division.
Article 9
The proceedings pending in the No. 10 th criminal court, now extinguished, shall be distributed
amongst the remaining criminal courts, and the books of registration shall be in the custody of the
ofﬁce of the General Distribution of Criminal Courts.
§ Sole Paragraph: The disposed ﬁles shall be sent to judicial archives.
Article 10
The heads of ofﬁce and of section, their assistants and ofﬁcials of extinct - 10th Criminal Court of
Lisbon, shall be additional receiving 5/6th of their salaries and shall be placed in the
corresponding category in the vacancies which occur in the judicial division of respective class,
and preferably of the Lisbon.
§ Sole Paragraph: The ofﬁcers mentioned in this article, until they continue to be additional may
be directed by the Minister of Justice to render service, in the Secretariat of Criminal Court of
Lisbon, upon the proposal made by the Chief Justice of the respective High Court.
Article 11
This decree law comes into force on the 01st of October.
xv
xvi
Ministerial Order No. 9677 of 30th October 1940
The Government of Portuguese Republic, through the Minister of Colonies, in consultation with
Superior Judicial Council of the colonies and in terms of Article 91st of the Organic Charter of the
Portuguese Colonial Empire and Article 6 of Decree No.29637 of 28th May 1939 directs that in all
the Colonies the Civil Procedure Code, approved by same decree, and the Decree Law No.29950
of 30th September 1939 which modiﬁed the said Code, be published in order to come into force
on 01st of January 1941, in its application the following shall be observed:
1st
Whenever in any judicial division there is no advocate or solicitor* and the law requires his
intervention, the judicial mandate may be exercised by a judicial attorney or by someone who is
appointed by the Judge for such purpose.
2nd
If the party does not ﬁnd anybody who voluntarily agrees to represent him in court, he may apply
to the Judge to appoint a representative, who may act as such without any other formality.
The appointment shall be done without delay with notice to the appointee, who may plead
inability within 48 hours. In the absence of such excuse, or if such excuse is found not justiﬁed,
the appointee shall represent the client, on the pain of being suspended for six months or fine, if
the appointee refuses to act as advocate or attorney.
3
Wherever the expressions like “Court of Lisbon” “Diario do Governo” (Gazette of the Portuguese
Central Government in Lisbon) and “General Bank of deposits” are used, the same expressions
shall mean and stand substituted respectively by “judge of the judicial division of the capital of
the colony”, “Official Gazette” and “establishment where the judicial deposits are made”.
_________________________________________________________________________
* There were two categories of qualified and registered lawyers who could represent parties in court: Advocate and Solicitor, the latter
with more limited powers; and being however quite different from the solicitor in the English or Indian Legal system. The distinction
between Advocate and Solicitor is brought out in Article 33 of the Portuguese Code of Civil Procedure, 1939.
xvii
4
The jurisdiction conferred in article 95 is given solely to special municipal judges. When the case
is of not special municipal judge, such jurisdiction is limited to 2000$.
5
When the Code uses the expression “heads of the secretariat office”, “staff of secretariat office”,
“secretariat office” and “sections” and it does not deal with acts done in the High Court, the same
expression shall mean clerk of the court (“escrivães”), assistant to the clerk of the court,
“accountant: and “Court ofﬁce”, as the case may be.
6
What is provided in Article 139 is applicable to all who do not know Portuguese language.
7
It is the judge that shall receive the pleadings and issue the summons upon them being subscribed
by the clerk of the court (escrivao).
8
The disciplinary action by the Bar Council and Chamber of Solicitors shall be exercised by the
judge, to the extent applicable.
9
The expression “regedor” shall always be understood as “local administrative authority”
10
The periods of the extension of the time limit, as provided in Article 180 and all the procedural
steps to which the party has to attend personally, may be altered by the judge, as he deems ﬁt,
taking into consideration the distance, facility of communication and the nature of the procedural
steps.
xviii
11
Article 209 and its Paragraph is not attracted and the distribution is to be done in the High Court
by the judges and in the judicial divisions by the clerks of the court.
12
The expression continent or adjacent islands and country is to be understood as “Colony”.
13
The proceeds of the ﬁnes referred to in the Article 6 of the Decree Law No.29950 shall revert to
the State and the account of the Court in equal shares.
14
The provisions referring to Collective Court are not attracted and the function continues to be
exclusive jurisdiction of the judges who will decide on law and facts.
15
The category No.7 of Article 222 shall have following divisions:
1st. Pauper proceedings and inventory upto l000$.
2nd. Inventories of more than 1000$00 to 5000$00
3rd. “ “ “ 5000$00 to 10000$00.
4th. “ “ “ 10000$00 to 50000$00.
5th. “ “ “ 50000$00 to 100000$00.
6th. “ “ “ 100000$00 to 500000$00.
7th. “ more than 500000$00
The inventories included in Nos. l and 2 and proceedings of estate upto 10000$00 are exempted
from costs and stamp duty; and in No.3 there shall not be rise in the percentage of 30% and on the
sole enrolment of 10$00 for the accountant.
16
The jurisdiction conferred on to “Tutoria da infancia” (Children Court) is exercised by the judge
xix
and the “council of tutelage” continues to be as per the legislation in force.
17
The notices, summons and public notices shall be done by the post when such services are
available; otherwise they will be done by writ under the order of the Court.
18
The pecuniary jurisdiction of High Court shall of 20000$ and of the judges shall be 3000$,
whatever may be the nature of the assets.
19
The provisions relating to unions are not attracted and such powers shall be exercised by the
judge and ﬁscal curators as per previous legislation.
20
The publication referred to be done in the newspaper shall be done through the Gazette when
there is no newspaper in the colony.
21
In the summary proceeding, the evidence shall always be recorded in writing unless the parties
have renounced the right to appeal.
22
The decision by High Court shall be taken by 3 unanimous votes, and if there is no unanimity, the
matter shall go with endorsement to as many judges as may be necessary to obtain the majority
and if still there is no majority, the matter shall be sent to the High Court of Lisbon.
23
In the colonies of Timor, Macau and India, the values in escudos are converted into local
currency, as per prevailing exchange rate:
(a) of the plaint, execution or other proceeding, for the purpose of pecuniary jurisdiction of the
xx
court and costs.
(b) Towards fulﬁlment of obligation, the value will be as per quantum of liability.
(c) Of the distribution, regarding inventories, inheritance and similar proceedings.
(d) Of the doing of an act when the law directs to consider it.
In the remaining colonies, the “escudos” will be calculated as per the rate prevailing in the main
land.
24
What is provided in Article 140 shall be applicable to the documents written in the language or
dialect spoken in the region, which are not simply variation of Portuguese language.
25
The provision of Article 180 is applicable to the letters issued by the colonies mentioned in clause
(c), (d) and (e) which are to be executed in the main land or in the adjacent islands, because of the
extended period of limitation is the same referred to in the clauses for opposite case.
26
The rule prescribed in the previous number is applicable with analogy to the case foreseen in
Article 181.
27
In the certiﬁed copy referred to in Article 232, the bailiff shall identify the witnesses by their
names, status, profession and residence.
28
The information which by the said Code are collected from parish priest and local administrative
authority (regedor) in the colonies shall be obtained from parish priest or missionary or from any
other local administrative authority.
29
To the article 588, following addition to be made:
xxi
Governors General;
Governors of Colony;
Governors of Province;
Governors of District.
30
To the No.6 of Article 588 shall be added following words: - “Save in the cases foreseen in ﬁrst
part of Article 595, in the third part of the same Article and second part of Article 604”.
31
In the No.2 of Article 589, following words are to be added: “and the Portuguese Catholic
missionaries.”
32
What is provided in Article 631 is extended to:
Governors General;
Governors of Colony;
Governors of Province;
Governors of District;
Chief Justices of High Courts;
Procurators of the Republic,
Dealing with the President of Republic, the communication referred to in Paragraph shall be done
through Ministry of Colonies, which will transmit to the Ministry of Justice, followed by other
formalities. Dealing with governors or “judges”, paragraphs 2 and 3 of the same article shall be
applicable.
33
The exchanges referred to in articles 882, 883 and 884 shall be of the continent and for that
purpose necessary letters of requests shall be sent.
xxii
34
In the notices and publications required by article 890, the moveables shall be identiﬁed in such a
manner to indicate precisely their quality, nature, substance, type and other details convenient for
its individuality; and it will be declared what is the value for which each of them will go on for
auction.
35
In the judicial divisions of the State of India, whenever the judgment debtor uses of the power
conferred by second part of Article 894, as well as in the case of Article 904, the claimant or the
bidder shall deposit half of the price offered, and deposit of the amount shall be made: as to the
bidder, at the time of the conclusion of the bid and as to any claimant, within the period of 5 days
from the date of the offer made by the judgment debtor.
36
In the judicial divisions of Judicial District of Nova Goa, as far as agrarian Comunidades are
concerned, the following shall be observed:
a) The service of summons shall be made on the person of Administrator or the person who
substitutes him;
b) The Comunidades may use against key holders and watchman, debtors and their sureties or
against those who, by any other manner, are constituted as Receivers of moneys, of the shares and
privileges which by law belong to the National Exchequer (Fazenda) to take steps for the
recovery of their credits, in accordance with Code of Comunidades, approved by legislative
Diploma No.651, of the State of India dated 30/03/1933;
c) The Comunidades are represented in the Court in accordance with Article 12 of the said Code
of Comunidades.
d) The attachments for recovery of the debts payable by the Comunidades, may be done on their
credits, liquid income, as per their estimate, receipts and expenditure and any other income but
never on their immobile assets.
The attachment always will be done in the hands of the treasurer of the Comunidade, with the
assistance of the respective clerk, who on his own responsibility shall bring to the notice such
attachment to the Administrator, within 24 hours, for the necessary purposes; the clerk entrusted
xxiii
with the ﬁle shall declare in the report of the attachment the amount to be recovered and
accessories;
e) The proceeds of the “jono” of the components of the Comunidades and of rights to the future
proceeds may only be seized or attached for their debts to the Comunidade and their subrogates;
Besides this, it is permissible to seize or attach only the amount of the said proceeds already
accrued to which they have right at the time of the attachment.
37
In the judicial division to which reference is made in No.36, following shall be observed, in the
case of families of gentiles.
a) The personal summons to be served on the person of any member of a gentile family, may be
made on the person of the head of the family or on the administrator of the same, or of any
substitute as per the usages and customs directed to be observed by the civil law.
b) The gentile families who reside in the same house and live under common domestic economy
are considered for the purposes of the Code of Civil Procedure, as family societies, governed and
administered in accordance with respective usages and customs, by the head of the family or
administrator lawfully constituted, who shall be competent to represent them in the Court.
38
Articles 770, 771 and 772 of the Code of Civil Procedure approved by Charter of Law dated
08/11/1876 are maintained.
This government order substitutes for all purposes, the Government order No.9605 published in
the Government Gazette dated 20/07/1940.
To be published in the Ofﬁcial Gazette of all the colonies.
Ministry of Colonies, 30th October 1940
The Minister of Colonies, Francisco Jose Vieira Machado
Note: The text of this decree required official updating since the expression colony was replaced
by overseas province by article 134 of the Portuguese Constitution.
xxiv
xxv
INDEX
TABLE OF CONTENTS
Contents Articles Page Nos.
BOOK I (1-61) 3
Action
TITLE I (1-44) 3-17
Action in general
Chapter I – Basic provisions …………………………………………….… 3-4
Chapter II – Parties ………………………………………………………… 5-17
Section I – Judicial personality and judicial capacity…………………….. 5-12
Section II – Legal standing to sue or to be sued…………………………. ..
12-14
Section III – Representation of parties before the Court ………………….. 14-17
TITLE II (45-61) 18-22
Execution
Chapter I – Executable document…………………………………………. 18-21
Chapter II – Parties ………………………………………………………… 21-22
BOOK II (62-137) 25-49
Jurisdiction and prevention of bias
Chapter I – General provisions as to jurisdiction ………………………… 25
Chapter II – International jurisdiction……………………………………… 26
Chapter III – Internal competence………………………………………….. 26-36
Section I – Jurisdiction as to subject-matter……………………………… 26-27
Section II – Pecuniary jurisdiction………………………………………… 27
Section III – Competence with reference to the hierarchy
(subordination of courts)…………………………………….. 28-29
xxvi
Contents Articles Page Nos.
Section IV – Territorial jurisdiction………………………………………… 29-34
Section V – Special provisions as to executions…………………………… 34-36
Chapter IV – Extension and consequential jurisdiction ……………………. 36-37
Chapter V – Violations of jurisdiction……………………………………… 37-42
Section I – Absolute lack of jurisdiction………………………………..…. 37-39
Section II – Relative incompetence……………………………………….... 39-41
Section III – Conflicts of jurisdiction and competence………………….….. 41-42
Chapter VI – Assurances of impartiality…………………………………….. 43-49
Section I – Impediments - disqualification due to conflict of interest………. 43-45
Section II – Recusal and lack of confidence ……………………………..…. 45-49
BOOK III (138-1560) 53- 484
Proceedings
TITLE I (138-475) 53-151
General provisions
Chapter I – Procedural acts ………………………….……………………….. 53-92
Section I – Procedural acts in general ……………………….…………….…
53-72
Sub-section I – Common provisions ………………………….………………….. 53-55
Sub-section II – Acts of parties ………………………….………………….……. 56-57
Sub-section III – Judicial acts ………………………………………………....…. 58-59
Sub-section IV – Acts of the registry ………………………….………….….…... 59-63
Sub-section V – Notification of judicial proceedings…………………….….…… 63-68
Sub-section VI – Nullity of acts………………………….…………………..…… 68-72
Section II – Some special acts………………………….……………….……
72-92
Sub-section I - Allotment of cases………………………….…………….………. 72-78
xxvii
Contents Articles Page Nos.
Division I – General provisions………………………….………………....... 72-73
Division II – Provisions relating to the first instance ……………………….. 73-76
Division III – Provisions relating to superior courts ……………………....… 76-78
Sub-section II – Summons and notices………………………………………….. 78-92
Division I – General provisions………………………………………….….... 78-79
Division II – Service of summons……………………………………………. 79-89
Division III – Notices………………………………………………………… 89-92
Chapter II – Proceedings………………………………….……….…………. 92-104
Section I – Commencement and prosecution of the proceedings……… 92-96
Section II – Stay of proceedings …………………….………………… 96-99
Section III – Temporary suspension of proceedings……………………. 99-100
Section IV – Termination of proceedings…………………….…… 100-104
Chapter III - Procedural stages……………………………………..………… 104-125
Section I – General provisions…………………….……………………….… 104
Section II – Valuation of the cause…………………….…………… 104-108
Section III – Intervention by third party…………………….…… 108-118
Sub section I – Indication of the third party…………………….……………....… 108-113
Sub section II – Assistance through intervention…………………….…………… 113-115
Sub section III – Opposition…………………….………………………………… 115-117
Sub-section IV – Intervention as main party…………………………….………… 117-118
Section IV – Forgery……………………………….………………… 119-122
Sub - section I – Forgery of documents…………………………………...………… 119-121
Sub - section II – Forgery of judicial acts…………………….………………...…… 121-122
Section V – Bringing heirs on record (substitution of parties) …… 122-125
Section VI – Liquidation…………………….……………………… 125
Chapter IV – Preventive and conservatory proceedings……………………..... 126-146
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Contents Articles Page Nos.
Section I – General provisions…………………………………...… 126-127
Section II – Provisional maintenance…………………….……… 127-129
Section III – Provisional restoration of possession………………… 130
Section IV – Suspension of the resolutions of a society…………… 130-131
Section V – Preventive measures………………………………….. 131-132
Section VI – Seizure…………………….………………….…….. 132-135
Sub - section I – General provisions……………………………..…….………..… 132-134
Sub - section II – Special provisions relating to attachment against treasurers,
cashiers or debtors of the government or of local authorities………. 135
Section VII – Denunciation of new work (embargo) …………… 136-138
Section VIII – Affixation of the seals and enlisting……………… 138-140
Section IX – Security bonds…………………….………………… 140-145
Sub section I – Furnishing of security bond ……………………………….…….. 140-143
Sub section II – Reinforcing security……………………………….……………. 143-145
Section X – Deposits and protests………………………..….……… 145-146
Chapter V – Costs, fines and damages…………….…………..….………….. 146-149
Section I – Costs…………………….…..….…………..….……… 146-148
Section II – Fines and damages………..….……………………….… 148-149
Chapter VI – Forms of proceedings…………………….…..….……………… 150-151
Section I – Common provisions…………………….…………..…. 150
Section II – Proceeding for declaration…………………….……….. 150-151
Section III – Execution proceedings …………………….……..… 151
TITLE II (476-800) 152-252
Declaratory suits
Sub title I – Conciliation…………………….……..….……………..….…… 152-153
Sub title II – Ordinary proceeding……………………..….………….……… 153-247
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Contents Articles Page Nos.
Chapter I – Pleadings…………………….…..….…………………………….. 153-162
Section I – Initial petition (plaint) ………………..….……………… 153-156
Section II – Absence of the defendant………………..….………… 156
Section III – Written statement…………………..….……………. 157-161
Sub section I – General provisions……………..….………………….….……….. 157-159
Sub section II – Exceptions………………..….…..….…………………….…….... 159-161
Sub section III – Counter claim…………………….……..….………………..….. 161
Section IV – Replication and triplication (rejoinder and sur rejoinder) 161-162
Chapter II – Preliminary hearing and curative order………….………….……. 162-164
Chapter III – Trial…………………….……….…..….………………..………. 165-203
Section I – General provisions……………………….…..….………. 165-167
Section II – Documentary evidence………………………………..… 168-176
Sub-section I – Types of documents and their probative value…….……….……... 168-173
Sub-section II – Production of documentary evidence…………………...………... 173-176
Section III – Proof by admission of the parties……………….…..…. 176-181
Sub-section I – Kinds of admission and its probatory force………….…..….….…. 176-179
Sub-section II – Recording of deposition of party……………….……….…..….…. 179-181
Section IV – Oath…………………….……….…..….……………… 181
Section V – Evidence by arbitrament …………………….………… 181-194
Sub-section I – Types of arbitrament and their evidentiary value……….………… 181-182
Sub-section II – Examination and inspection……………………..……….………. 182-191
Sub-section III – Valuation……………….…………………………..….………… 191-193
Sub-section IV – Second arbitrament………….………..……………….…………. 193-194
Section VI – Judicial inspection…………………….……….…..….….……… 194
Section VII – Oral evidence…………………….………….…..….… 195-203
Sub- section I – Admissibility and value of oral evidence- who may be a witness… 195-196
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Contents Articles Page Nos.
Sub-section II – Production of oral evidence…………….…..…..…………….…. 196-203
Chapter IV – Hearing of the suit…………….…..….………………………… 204-208
Chapter V – Judgment…………………….……….……………………..…… 208-213
Section I – Preparation of the judgment……………….…………… 208-210
Section II – Vices and review of the judgment…………….……… 210-211
Section III – Effects of the judgment…………………….……….… 212-213
Chapter VI – Appeals…………………….…….…………………….………… 213-252
Section I – General provisions……………………..……………… 213-219
Section II – Appeal from judgement (“apelação”) ……….……… 219-227
Sub-section I – Filing and effects of the appeal………………………….………… 219-221
Sub-section II – Forwarding the records of the appeal …….……………………… 221-222
Sub-section III – Hearing of the appeal…………………….….…………………… 222-227
Section III – Appeal to supreme court (‘revista’) …….……….……. 227-230
Sub-section I – Presentation of appeal and forwarding the appeal papers….………. 227-229
Sub-section II – The decision of the appeal…………………….……….………..… 229-230
Section IV – Appeal from order (“agravo”) …………….…………… 231-241
Sub-section I – Appeal from order filed in the first instance……….……………… 231-238
Division I – Filing of appeal and effects of stay of the operation
of the impugned judgment.………………………………………… 231-234
Division II – Forwarding of the appeal to the appellate court………….……..… 234-237
Division III – Hearing of the appeal……………………..……………………… 237-238
Sub-section II – Appeal from order filed before the appellate court…….…….…… 239-241
Division I – Presentation of the appeal, object and effect of
the appeal as to the stay of operation…….……………….………… 239-240
Division II – Forwarding the appeal…………….…………………….………… 240-241
Division III – Hearing of appeal………….……………………………….…….. 241
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Contents Articles Page Nos.
Section V – Appeal to the full court…………………….………… 241-244
Section VI – Revision…………………….……………………… 244-246
Section VII – Objection by third party…………………….…… 246-247
Sub-title III – Summary proceedings…………………….…………………. 248-251
Sub-title IV – Concise proceedings ……………………………….….……. 251-252
TITLE III (801-943)
252-297
Execution proceedings
Sub-title I – General provisions…………………….…………………….… 252-255
Sub-title II – Execution for payment of an amount which is certain……….. 255-293
Chapter I – Ordinary procedure…………………………….……………… 255-293
Section I – Summons and opposition……………………………. 255-258
Section II – Attachment…………………………………….…… 259-273
Sub-section I – Assets which may be attached…………………….…………… 259-263
Sub-section II – Indication of assets for attachment…………………….……… 263-265
Sub-section III – Attachment of immovables assets…………………….……... 265-268
Sub-section IV – Attachment of the moveable assets…………………….……. 268-270
Sub-section V – Attachment of credits or rights…………………….……….… 270-273
Section III – Notice to the creditors and verification of the credits……...… 273-276
Section IV – Payment…………………….……………………… 276-289
Sub section I – Modes of payment…………………….……………………..… 276
Sub-section II – Delivery of money or of certificate…………………………… 276
Sub-section III – Award…………………….……………………………...….... 277-279
Sub section IV – Sale…………………………………………………….……... 279-289
Division I – Kinds of sale…………………….……………………………… 279
Division II – Extra judicial sale…………………………………….………... 279-281
Division III – Judicial sale…………………….……………………………... 281-286
Division IV – Common provisions…………………….…………………….. 286-289
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Contents Articles Page Nos.
Section V – Remission…………………….……………………… 289-290
Section VI – Extinction and annulment of the execution……… 290-292
Section VII – Appeals…………………….…………………… 292-293
Chapter II – Summary execution proceedings………………….……..…… 293
Chapter III – Concise proceeding…………………….…………………….. 293
Sub-title III – Execution for the delivery of the specific things…………….. 294-295
Sub-title IV – Execution for doing or abstaining…………….……………… 295-297
TITLE IV (944-1560) 297-487
Special proceedings
Chapter I – Interdictions…………………….………………………….…… 297-307
Section I – Interdiction due to dementia, or due to deaf-dumbness… 297-303
Section II – Interdiction on account of prodigality…………..…….. 303-304
Section III – Restraint on parental power or of guardianship functions 304-307
Chapter II – Termination of the tenancy and of the share cropping agreement 307-317
Section I – Remedies available to the landlord………….………. 307-312
Section II – Remedies available to the tenant……………………… 312
Section III – Eviction, affixation of placards and reoccupation
through order of the court………………….………….………. 313-315
Section IV – Deposit of Rents ………………………….………… 315-317
Chapter III – Redemption of the mortgage and extinction of the privileges… 317-320
Chapter IV – Sale and award of the pledged goods………………………….. 320-321
Chapter V – Rendering of accounts…………………….……………………. 321-325
Section I – Accounts in general…………………….……………… 321-323
Section II – Accounts of guardian (tutor), of the curator or
administrator in the case of prodigality and court receiver…….. 323-325
Chapter VI – Payment in the court…………………….…………….……… 325-329
Chapter VII – Possessory remedies……………………………….………… 330-333
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Contents Articles Page Nos.
Section I – Possessory suits………………………….…………. 330-331
Section II – Third party objections…………………….……… 331-333
Chapter VIII – Possession or delivery through court……………………… 334-335
Chapter IX – Suits for arbitrament…………………….…………………… 336-340
Chapter X – Reconstruction of credit instruments of the files and books 340-345
Section I – Reconstruction of credit instruments…………….… 340-342
Section II – Reconstruction of files…………………….……… 342-344
Section III – Reconstruction of books…………………….…… 344-345
Chapter XI – Appeals against orders passed by conservators,
notaries and other public servants…………………….…… 345-346
Chapter XII – Suit for loss and damages against judges and Public Ministry… 347-349
Chapter XIII – Review and confirmation of foreign judgments………….. 349-351
Chapter XIV – Justification of the absence and of the status of heir………. 351-356
Chapter XV – Special execution for maintenance…………………………. 356-357
Chapter XVI – Liquidation of assets…………………….………………… 357-418
Section I – Winding up at instance of the shareholders………… 357-359
Section II – Liquidation for the benefit of the state…………… 360-361
Section III – Liquidation for the benefit of creditors ……………… 362-418
Sub-section I – Declaration of insolvency at the instance of the creditors……... 362-367
Sub-section II – Conservatory measures…………………………..….………… 367-368
Sub-section III – Effect of insolvency…………………….……………….…… 368-372
Division I – Effects of insolvency in relation to the insolvent
and to his creditors……………………………………………… 368-371
Division II – Effects of insolvency in relation to the acts which
are prejudicial to the estate…………………………………..… 371-372
Sub section IV – Administration of the bankruptcy estate ……………………... 372-374
Sub-section V – Verification of debts …………………….…………………..… 374-381
Sub-section VI – Appreciation and liquidation of the assets……………….…… 381-385
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Contents Articles Page Nos.
Division I – Appreciation of the assets………………….………….………… 381-382
Division II – Liquidations of the assets…………………….………………… 382-385
Sub-section VII – Payment to the creditors…………………….……………...… 385-387
Sub-section VIII – Accounts of the administration…………………….………… 387-388
Sub-section IX – Preventive remedies to suspend the insolvency…………..…… 388-403
Division I – Insolvency composition…………………….…………………… 388-400
Sub-division I – General

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