Preamble

SECTION I JURISDICTION AS TO SUBJECT-MATTER

Article 66 - Jurisdiction of ordinary courts - The cases, cognizance of which has not been

assigned, by the law to any special jurisdiction, are of the competence of the regular court. Article 116 of the Portuguese Constitution. Article 67 - Court of judicial division is the ordinary court - The regular court is the civil court. Plenary civil jurisdiction in the first instance, belongs to the court of the judicial division.

Note : Judicial Divisions or “Comarcas” under the erstwhile High Court of Goa were as follows:- Judicial Division Head QuartersTerritorial Area

Ilhas of GoaPanjim or Nova

Goa Island of Tiswadi or Goa and the adjoining islands excepting the parishes of Sant Estevao and Naroa, Reis Magos, Nerul, Pilerne, Penha de Franca and Salvador do Mundo, and Ponda Taluka except village Orgao. BardezMapusaBardez Taluka excepting villages of Revora, Assonora, Tivim, Reis Magos, Nerul, Pilerne, Penha de Franca, Salvador do Mundo and Pernem, Taluka excepting villages of Alorna and Ibrampur. SalceteMargaoSalcete Taluka except the parishes of Paroda, Assolna, Cuncolim and Velim. Bicholim BicholimSanquelim Taluka, villages of Alorna and Ibrampur, of Pernem Taluka, village Orgao of Ponda Taluka, parishes of Sant Estevao and Naroa of Ilhas Taluka and villages of Revora. Assnora, Tivim of Bardez Taluka. QuepemQuepemQuepem, Sanguem, Canacona Taluka and the parishes of Paroda, Assolna, Cuncolim and Velim, of Salcete Taluka and the island of Angediva. DamanDamanFull territory of Daman, Pragana of Nagar – Aveli and the island, fort and city of Diu with the villages of Gogola and Simbor. Macau City of MacauTerritory of Macau. TimorCity of DiliTerritory of Timor. SECTION II PECUNIARY JURISDICTION Article 68 - Pecuniary jurisdiction of subordinate courts - The subordinate courts take cognizance of cases which the law assigns to their jurisdiction up to the limit of the value expressly designated. Decree No. 35.915 dated 24/10/1946 ministerial legislative diploma no.4 dated 08/05/1952.

Article 69 - Pecuniary jurisdiction of Court of judicial division - The court of judicial division takes cognizance of all the cases irrespective of the valuation when there are no inferior courts and of the causes which exceed the value fixed, whenever there may be. Judicial Statute Article 58 SECTION III

COMPETENCE WITH REFERENCE TO THE HIERARCHY (SUBORDINATION OF COURTS) Article 70 - Appellate and hierarchical court - The courts of judicial division take cognizance of the appeals arising from lower courts, from notaries, from Registrars and of others which by law are to be filed before them; they decide the actions for losses and damages instituted against the courts, and officers of the Public Ministry and against the judicial officers of the same judicial division for acts done in the exercise of their functions; and they resolve conflicts of competence arising between the judicial authorities of the division. Judicial Statute Article 58 (4) and (7). Article 71 - Jurisdiction of High Court - The High Court takes cognizance of the appeals and of the matters which, by law, are within their competence, and in particular :-

1. (a)Of appeals from the courts of judicial division;
2. (b)Actions for compensation and damages against the judges and respective officers of the Public Ministry, in connection with the exercise of their functions
3. (c)From conflicts of competence between the courts of different judicial division of the same district;
4. (d)Revision of the judgments passed by foreign courts or foreign arbitrators. Judicial Statute article 56. Articles 1089 and subsequent of this Code, Articles 115 and subsequent of this Code, Articles 1100 and subsequent of this Code.

Article 72 - Jurisdiction of the Supreme Court - The Supreme Court of Judicature takes

cognizance of the appeals and the matters by which law fall within its competence, and in particular : a) Appeals from the courts of judicial division and from High Court;

1. (b)Actions for damages against the judges of the High Court, and of the Supreme Court and against the officers of the Public Ministry attached to any of those courts, in connection with the exercise of their functions.
2. (c)Conflicts of competence between the High Courts and between courts of different judicial districts. Judicial Statute Article 53. Article 1089 and subsequent of this Code, Articles 115 and subsequent of this Code. SECTION IV TERRITORIAL JURISDICTION

Article 73 - Local jurisdiction for immovables ( “Forum rei sitae”) - An action for enforcement

of property rights over immovables shall be instituted in the court where the properties are situated. In the same court, actions may be instituted for possession, for delivery of judicial possession, sundry actions in the nature of arbitrament, actions for eviction, for pre-emption in respect of immovables, actions for reinforcement, reduction and redemption of mortgages. But the actions for reinforcement, reduction and redemption of mortgage over the ships, automobiles and aircrafts shall be instituted where the respective registration has been done. If the hypothecation includes moveables registered in different divisions, the plaintiff may select any of them. § Sole Paragraph: If the action has, as its subject-matter, several assets, or moveables and immoveables, situated in different divisions, the action may be filed in the division where the immoveable properties of major value are located, and for that purpose, value at the “matriz” (Land Revenue Register) is to be considered; where the property is comprised of more than one division, the action may be filed in any of the divisions. Articles 446, 970, 999, 1032, 1043 and 1051. Article 74 - Local jurisdiction for enforcement of contracts - If the action is meant to seek enforcement of obligations, it shall be filed in the court of the place in which, by law or written agreement, the concerned obligation was to be fulfilled. However, if the action originates from an illicit act, the court where the illicit act was done shall have jurisdiction. Article 75 - Divorce and separation - The court of domicile or of the residence of the plaintiff is

competent to try suits for divorce and separation of persons and assets Decree dated 3-11-1910, articles 4 and 43. Article 76 - Suit for fees - For the suit for recovery of fees of judicial attorneys or technicians and for recovery of the money advanced to the client, the court where the service was rendered shall have jurisdiction and this suit shall be appended to the suit in respect of which the service was rendered. Article 77 - Inventory and Habilitation of heirs - The court of the opening of inheritance will have competence: 1) For the inventory proceeding; 2) For an application to bring a person on record as heir or representative of another. § 1: The inheritance of an individual who dies outside the country without having domicile therein nor immoveables, inheritance shall be considered to have opened where the major part of the moveables exist. § 2: When the inheritance opens in a foreign country, the application for bringing on record the heirs shall be presented in the place of the domicile of the applicant who is to be brought on record as an heir. § 3: The court where the inventory on the death of one of the spouses has taken place is competent for the inventory in case of inventory on the death of other spouse, except where the marriage was contracted under the regime of absolute separation of assets. When there was an inventory on the death of two or more spouses of the deceased, the competence shall be determined by the last of such inventories. Articles 117, 1431, 1369, 2009 of Civil Code.

Article 78 - Regulation and sharing of major ship repairs - The court of the port where the delivery of the goods of a ship which suffered a gross damage was to take place is competent to regulate and apportion the damage. Commercial Code Articles 635 Para 1 and 650. Article 79 - Losses and damages for collision of ships - The suit for losses and damages on

account of collision of the ships may be filed in the court of the place of the accident, or at the court of domicile of the owner of the ship which has caused collision, or in the court of the place pertaining to or in which the ship is found, or in the place of the port where the ship which is hit, first enters. Commercial Code Article 675. Article 80 - Salaries for salvaging or assistance to ships - The salaries due for salvaging or rendering assistance to the ships may be demanded in the court of the place where the fact occurred, or in the place of domicile of the owner of the objects salvaged, or in the place pertaining to or where the salvaged ship is found. Commercial Code Article 691. Article 81 - Extinguishment of privileges over ships – An action to get the ship freed from any privileges, acquired with or without consideration, shall be filed in the court where the ship was found anchored at the time of the acquisition. Commercial Code Articles 578 and 579. Article 82 - Declaration of Bankruptcy - For a declaration of bankruptcy, the court of the place of the main establishment shall have jurisdiction, and in the absence of such establishment, that of the place of domicile or of the head office of the delinquent shall be competent. The main establishment must be considered to be the place of major commercial activity of the delinquent. § Sole Paragraph: What is said in this article is applicable to a foreign trader or society, having in Portugal any establishment, branch or representation. But the Portuguese court can only declare the bankruptcy which is a consequence of obligations contracted in Portugal and which were to be fulfilled in this territory; and also the liquidation is restricted to the assets existing in Portuguese territory. Article 1136 of this Code. Article 83 - Preventive Injunctions, Injunctions to maintain status and anticipatory steps - In respect of preventive and conservatory proceedings, and procedural steps prior to the institution of the action, the following shall be observed:

1. (a)The sealing, listing of the objects and other procedural steps of preventive nature in relation to the objects likely to be diverted shall be applied for in the court where the objects are found, and if there are goods in various judicial divisions, then in any of them;
2. (b)For the purposes of prevention of a new construction, the court of the place of such construction shall have jurisdiction;
3. (c)The anticipated collection of evidence may be applied for to the court where the evidence has to be taken;
4. (d)For the purpose of other action for prevention and conservation, the competent court will be the court where the action is to be filed. § Sole Paragraph: The proceedings of the acts and steps referred to in this article shall be appended to the respective action for which purpose the same shall be transferred whenever becomes necessary to the court where the action is filed. Articles 393, 400, 403, 405, 409, 420, 429, 525, 1113, 1467 of this Code. Article 84 - Sundry notices - Sundry notices shall be always applied for in the court in whose jurisdiction person to whom notice is to be given resides. Articles 257 and 261 of this code. Article 85 - General rule for territorial jurisdiction – place of residence of the respondent - In all other cases not foreseen in the preceding articles or in special provisions, the jurisdiction lies with the court of the domicile of the respondent.

§ 1: If the respondent does not have fixed residence, he shall be proceeded against at the place

where he is found. If he has more than one residence, in which he lives alternatively, and if he has not chosen one of them as his domicile, he shall be sued at the place in which he is found; if he is not found in any of them, he may be proceeded against at any of the above places at the choice of the petitioner. § 2: Where the respondent is uncertain or if he is absent at an unknown place, the action may be filed in the court of domicile of the petitioner. But the curatorship, provisional or permanent, of the assets of the absentee may be filed in the court of last domicile which the absentee had in Portugal. § 3: Where the respondent has domicile and residence in a foreign country, the action may be filed in the court where he is found; if he is not found in Portuguese territory, the action may be filed in the court of domicile of the petitioner; when such domicile is in a foreign country, the

court of the judicial division of the capital city of the overseas province shall have jurisdiction for the cause. § 4: Where the respondent is the State, the court of domicile of the respondent shall be substituted by the court of domicile of the petitioner. Where the respondent is any other collective body, action may be filed in the court of the location of the head office or at the location of the branch, agency, office or delegation, depending on whether the action is against the former or the latter. But an action against foreign collective persons which have an establishment, agency, branch or delegation in Portugal may be filed in the court of the place of the said subordinate establishment, agency, branch or delegation, even if service is sought against the head office. Civil Code articles 7, 41, 43, 45 and 1109 of the code. Article 86 - More than one respondent - Where there is more than one respondent in the same action, they shall be proceeded against in the court of the domicile of the majority of the respondents. Where the number in different domiciles is the same, the petitioner may choose any of such domicile. § Sole Paragraph: The provision of the body of this article will not apply when there are multiple reliefs dependent on one another. In such case, the jurisdiction shall be with the court of the domicile of the respondent against whom the main reliefs is sought and on which other reliefs are dependent. Article 29 of this Code. Article 87 - Appellate jurisdiction - Appeals are to be filed to the court which is hierarchically superior to the court from which appeal is filed. Article 88 - Suits in which the civil judge, his wife or descendant or ascendant is party - For the suits in which the party is the judge, his wife, or ascendant or descendant by consanguinity, and the suit was to be filed in the court where the same judge is a party, the court of the nearest judicial division shall be competent, which means the judicial division of which the seat lies at the shortest distance from the seat of the other division. § 1: If the suit is filed in the judicial division wherein the inhibited judge is posted or he is posted there when the suit was already pending, the suit shall be transferred to the nearest judicial division by initiative of the judge or on application of the parties. The transfer may be applied at

any stage of the suit till the judgment. § 2: The judge hearing the suit may direct and do in the judicial division of the judge who suffers from the impediment all the steps necessary for the prosecution of the suit, as if he is the judge of the said judicial division. § 3: Whatever said above does not apply when in the judicial division there is more than one judge. Article 122 of this Code.

Article 89 - Suits in which the lower court judge, his wife, descendant or ascendant are

party - Where the judge of a lower court, his wife or ascendant or descendant by consanguinity is a party, the suit may be filed in the court of the respective judicial division or shall be transferred in accordance with paragraph 1 of the previous article, where the suits as per the normal rule of jurisdiction were to be entertained in the division where the judge of the lower court is posted. SECTION V SPECIAL PROVISIONS AS TO EXECUTIONS

Article 90 - Jurisdiction for execution based on judgment - For the purposes of execution

based on judgment passed by the Portuguese Courts, the court of the first instance which decided the case has jurisdiction for the execution application. The execution is processed in the same file of the suit or by way of certified copy of the decree if the main file is pending before the Appellate Court. Article 91 - Jurisdiction for execution of judgement pronounced by Superior courts - Where the suit is decided by the High Court or by the Supreme Court, the execution shall always be processed in the court of first instance of the domicile of the judgment debtor, save as provided in article 88. The execution shall proceed in the same original file or its copy which for this purpose shall be returned to the lower court.

Article 92 - Execution for costs, fines and compensation - Executions for costs, fines, and

damages awarded in any matter shall be filed and further steps shall be processed in the same file. However, if an appeal was filed from any of the matters, then a certified copy of the judgment or order is to be annexed to the file. Article 93 - Execution for costs, fine and compensation imposed by superior courts - When costs, fine or compensation have been awarded, by order passed by the High Court or the Supreme Court, the execution shall be processed on the basis the certified copy of the judgment and shall be taken up by the court of first instance, where the case had been filed except if the judgment debtor is employee of the High Court or the Supreme Court because in that case, the execution shall always be taken up by the court of judicial division to which the employee belonged. Article 94 – Jurisdiction for execution founded on foreign Judgment or on document other

than a judgment - Where there is an execution of the judgment of a foreign court, or it is

founded on a document other than a judgment, the following shall have jurisdiction:

1. (a)The court of domicile of the Judgment debtor, where the execution is for payment of a specified amount, save where there is an execution for recovery of an amount secured by mortgage, in which case, the court of location of the mortgaged assets shall have jurisdiction;
2. (b)The court of the place where the thing is found, in the event the execution is for the delivery of a specific thing.
3. (c)The court of the place where the act was to be performed if the execution is meant for performance of an act. § 1: Where the debtor does not have domicile nor residence in Portugal, but he is having properties, the court competent for the recovery of the specified amount shall be of the place where majority of the properties are located. § 2: Where the thing which had to be delivered no longer exist, then the rule of jurisdiction for execution proceedings for the delivery of the specific thing will be the same as for execution for payment of a specific amount. § 3: The execution founded in a foreign judgment, after revision and confirmation, shall be processed either in the file of revision or on the certified copy of the judgment which for this purpose shall be sent to the court of first instance having jurisdiction. Article 95 – Jurisdiction of Subordinate Judges - If the execution is based on a document other than a judgment and it is necessary to start with ascertainment of the amount, subordinate judges shall have jurisdiction for the execution when the prayer does not exceed 5000$ (five thousand escudos).