BrunellaLaw Chambers

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Contracts in Portugal and the European Union

Contracts governed by Portuguese law or concluded within the European area: governing law (Rome I), jurisdiction (Brussels I bis) and enforcement of decisions.

Within the European area, the law applicable to a contract and the competent court are determined by regulations common to the Member States: the Rome I Regulation (593/2008) and the Brussels I bis Regulation (1215/2012). Knowing them allows the parties to choose, before signing, where and under which rules a dispute will be decided.

We draft and negotiate commercial, services, distribution and lease contracts under Portuguese law, and advise Brazilian companies in their dealings with European counterparties, including enforcement in Portugal of Brazilian decisions and vice versa.

We also handle contractual litigation before the Portuguese courts and order-for-payment procedures for debt recovery.

How we work

  1. Governing law and forum defined in light of the European regulations.
  2. Drafts in European Portuguese where the contract is Portuguese.
  3. Enforcement of decisions in each country.

Frequently asked questions

Is a Brazilian judgment valid in Portugal?
After review and confirmation by the Court of Appeal (Tribunal da Relação). We handle the review procedure.
Can I choose Brazilian law for a contract in Portugal?
As a rule, yes, in business-to-business contracts, within the limits of mandatory Portuguese and European rules.
Do you handle debt recovery in Portugal?
Yes, through the order-for-payment procedure and enforcement actions.

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