Focus on Portuguese investment immigration and understand Portuguese laws and regulations:
Article 1094 Necessity of Review
1. Unless otherwise provided by treaty or special law, decisions rendered by foreign courts or foreign arbitrators regarding personal rights, regardless of the nationality of the parties, must undergo review and recognition to be effective in Portugal.
2. If the decision is cited merely as evidence in pending proceedings before a Portuguese court, subject to the review of the presiding judge, no review is required.
Article 1095 Competent Court
The Court of Appeal in the judicial district of the defendant's domicile has the authority to conduct the review and recognition. Articles 85 to 87 apply mutatis mutandis.
Article 1096 Necessary Conditions for Recognition
For a decision to be recognized as valid, the following must be met:
a) There is no doubt regarding the authenticity of the document containing the judgment or the intelligibility of the decision.
b) The decision has res judicata effect according to the law of the country where it was rendered.
c) It was rendered by a competent court according to Portuguese rules on conflict of jurisdiction.
d) Except for the fact that it was first submitted to a foreign court, the same case has not been brought before or adjudicated by a Portuguese court.
e) The defendant has been duly summoned, except in cases where Portuguese law does not require summons; if the judgment was rendered against the defendant due to their failure to submit a defense, the defendant must have been personally summoned.
f) It does not contain a decision that contradicts the principles of Portuguese international public policy.
g) If it concerns a Portuguese national and Portuguese law should be applied according to Portuguese conflict rules, it does not violate the provisions of Portuguese private law.
Article 1097 Recognition of Arbitral Awards
When applying the previous article to arbitral awards, it may be applied simultaneously.
Article 1098 Objections and Defense
After the document containing the decision to be reviewed is submitted, the opposing party shall be summoned to file a defense within 10 days. The petitioner may file a reply within 8 days after the expiration of the period for submitting the defense.
Article 1099 Debate and Trial
1. After the written materials have been submitted and the judge has conducted the necessary research, both parties and the Public Prosecutor's Office will have 10 days to review the file, during which time they may submit points for trial.
2. The trial will be conducted according to the rules of appeal, but a decision must be formed by a majority of three votes.
Article 1100 Grounds for Objecting to Confirmation of Validity
Objections to a request for confirmation of validity can only be based on the lack of the necessary conditions detailed in Article 1096 or the existence of grounds for review of a final judgment as expressed in Article 771 (a), (c), and (g).
Article 1101 Activities Conducted Ex Officio by the Court
The court may, ex officio, examine whether the conditions detailed in Article 1096 (a), (f), and (g) are met; whenever the court discovers through the examination of the proceedings or materials obtained in the exercise of its duties that the conditions required in Article 1096 (b), (c), (d), and (e) are not met, the court may also refuse confirmation of validity ex officio.
Article 1102 Appeal Against Final Decision
1. An appeal may be filed against the decision of the Court of Appeal.
2. Even if it is not a party to the case, the Public Prosecutor's Office may appeal on the grounds of violation of the provisions of Article 1096 (c), (f), and (g).
