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THE ART OF MAKING CONCESSIONS

A negotiation is a little drama, and each concession is a sacrifice made for the sake of the own negotiation. When was the last time you went to a street market? It is an excellent place to learn how to negotiate. See how the towels seller cries about the possibility of his own personal bankruptcy whenever he makes you a little discount. Have you small children? If so, you have already realised that you have little chances of winning any negotiation process. I usually do not. Children are better negotiators than anyone else. They don't hesitate to use whatever it takes to make us give up our position. A tantrum in the supermarket is a legitimate weapon. How can we be as much effective as children?

Try to devalue the concessions of your interlocutor and value yours as much as you can. This way it is possible that the other party will eventually make more concessions than those initially intended.  Don´t mention or make any comment on it, as if the other party´s concessions were something natural. On the contrary, value the most you can your concession mentioning in detail the circumstances that aggravate its meaning. Cry, whine up, value any concession that you have to do, talk about what you have lost by doing it, that you must be crazy by giving up your position... For every concession you make the other party will have to make at least two. In a negotiation, beyond all theories that you can read in the manuals, wins the one who makes the fewest possible concessions. Negotiating is making concessions. But making concessions is an art.

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NUMBER OF NEW COMPANIES RISES

Business formation with new businesses having been started in Portugal went up in 2017. Over 3,687 new companies were registered in Lisbon (14.5% more than in 2016), while Porto registered 7,107 new firms (5% up on the previous year).

On the other hand, business failures in Portugal fell 12.7% in 2017 compared with 2016 to 6,284, while the number of new companies being set up rose 9.1%, to 40,465. Lisbon and Porto saw the highest number of bankruptcies – 1,683 and 1,330 respectively, but these were still 2.4% and 15.4% lower than in 2016.

WHAT IS THE MOST COMMON FORM OF SECURITY TAKEN OVER REAL ESTATE IN PORTUGAL?

There is three standard security taken over real estate: voluntary mortgage, retention of title and seizure.

Concerning mortgage, it should be formalised through public deed or by a certified private document. To produce its legal effects, a mortgage must be registered at the land registry office.

As for the retention of title, it should be incorporated using a duly authenticated contract or public deed and is also subject to registration at the land registry office so it can be used against any third parties.

Finally, a seizure is done through a lawsuit and is not subject to specific conditions.

The mortgage is by far the most widely used security.

HOW TO SUCCESSFULLY COLLECT A DEBT IN PORTUGAL

To evaluate the chances to successfully collect a debt in Portugal, one should ask the following main six questions:

1 - Is the debt business or consumer related?
Business-related debts often have more chances to receive an immediate positive response than consumer debts. So if the debtor is a company, there are more chances of collecting the debt, unless de company is insolvent or out of business.

2 - How old is the debt?
The age of the debt is critical. Despite the fact that in Portugal the period of limitation is 20 years, the older overdue invoices are, the more difficult it becomes to collect.

3 - Are there documentation to support the debt? 
To make a strong case towards the debtor, and to start legal actions to enforce payment of overdue invoices or a contractually agreed payment, it is mandatory on file the documentation that supports the claim. Supporting documentation regarding the debt may consist of contracts, invoices, order forms, order confirmations, debt acknowledgement, …

GARANTEES AND SEGURITIES IN PORTUGAL

In an open economy model, it is more important than ever to know what the legal risks are and how to minimise and overcome them. The better you know, the better you perform. In this article, we will summarise a clear and updated understanding of law and practice regarding guarantees.

Guarantees and securities
As a general rule, the debtor is liable in respect of his obligations. This rule affects all the debtor's assets, including future ones. The breach of an obligation, such as a payment, means that the debtor is liable to pay compensation.

Personal guarantees
By the contract, the parties may request additional guarantees besides existing assets to ensure the fulfilment of the obligation. One of these guarantees is "fian├ža." By entering into this kind of guarantee, a guarantor undertakes to pay on behalf of a third party in the event of this party not complying with the obligation of paying. The obligation depends on a principal debt and cannot exist without a valid prin…

LISBON QUALITY OF LIVING

Lisbon passed New York in the quality of living. A study made recently by Mercer consultancy puts eight European cities among the ten cities with the best quality of life.

Lisbon occupies the 43rd place in a ranking with 231 cities. European cities continue to lead the list of cities with better quality of life. According to Mercer's study released on Tuesday, there are eight Europeans among the ten cities with the best quality of life. Lisbon is a place below last year, currently occupying the 43rd place in a ranking that considered 231 cities.