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Meet the Law | New rules on procedural deadlines: Urgent proceedings are not suspended - Non-urgent proceedings are suspended with the possibility of continuation

A proposal to amend arts. 7 and 8 of Law 1-A/2020 of March 19 was discussed and approved yesterday in Parliament. We anticipate here the main guidelines of this law and will distribute more detailed information once it is published.

  • Urgent proceedings are no longer suspended: In-person acts shall be carried out by remote communication. Examples of urgent proceedings are insolvencies and precautionary measures. In cases where life, physical integrity, etc. of those involved is at stake and it is not possible to achieve the proceedings by means of remote communication, in-person proceedings will still take place but with the due precautions as legally defined.
  • Non-urgent proceedings remain suspended: Examples of urgent proceedings are claims for breach of contract before a civil court, arbitration proceedings, and administrative offences. The suspension is without prejudice to the possibility of continuation of the proceeding, as long as all the parties consider, and agree, that the conditions for its fulfillment are met.
  • Statutes of limitations and prescription periods remain suspended for all types of proceedings: This is due to the exceptionality of the current situation. The suspension of statutes of limitations and prescription periods shall continue to apply in respect of all types of mandatory proceedings.
  • Seizure and Eviction proceedings remain suspended in a specific situation: That is, if the tenant, as a result of the final court decision to be rendered, may be placed in a situation of fragility due to lack of proper housing, or for other compelling reason.

Authors

Nuno Pena
Partner
Lisbon
Picture of Jose Correia
José de Matos Correia
Of Counsel
Lisbon
Andrea Baptista
Associate
Lisbon
María Camila
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