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.

WHAT IS A TRADEMARK AND WHAT DO I NEED TO DO TO REGISTER IT IN PORTUGAL?

A trademark is a sign that identifies products or services that exist or is going to be launched in the marketplace. Trademarks enable us to distinguish a company’s products or services from those of other companies. A trademark can comprise letters or words (verbal trademark), but may also be composed of pictures (pictorial trademark), or both (mixed trademark). It is also possible to register sounds as trademarks (recorded graphically on staves - sound trademark), as well as three-dimensional shapes (three-dimensional trademark). Trademarks can also be made up of advertising slogans, independently of any Copyright protection they may enjoy. If the trademark is pictorial or contains a mix of words and pictures, you need to attach a picture of the trademark for publication in the Industrial Property Bulletin. This should be on A4 paper, no larger than 8cm x 8cm, and no smaller than 3cm in at least one of its dimensions. The image for publication should be of good technical quality

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 "fiança." 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 val

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

PORTUGAL AMONG THE BEST COUNTRIES IN WICH TO DO BUSINESS

According to the Ease of Doing Business rankings , which include 189 countries, Portugal is placed best in the world for trading across borders. It is also ranked highly for resolving insolvency, coming in at eighth, and is the 13th easiest country in which to open a business. Getting credit is where Portugal ranks worst, placed 97th, while it also fairs poorly when it comes to taxes or protecting minority investors. The list is topped by Singapore. Despite not moving up from last year’s ranking of 65th when it comes to paying taxes, the World Bank report said that Portugal made paying taxes less costly for companies by reducing the corporate income tax rate and increasing the allowable amount of the loss carried forward. At the same time, Portugal slightly increased the vehicle tax. Another change noted in the report is in the labour market, where Portugal introduced priority rules for redundancy dismissals and new regulations for collective bargaining agreements.

DEBTS TO BE RECOVERED IN THE COURTS REACH THE EUR 7.2 BILION

The enforcement proceeding (debt recovery through the courts) has been considered one of the major problems in Portuguese justice and also one of the barriers to the development of the Portuguese economy. In 2013 the cases for legal collection amounted EUR 5.6 billion, regarding 201,000 enforcement proceedings lodged in the courts. Between January and April 9 this year, 38,924 cases were filed, valued at EUR. 1.6 billion. Portuguese courts have pending something like EUR 7.2 billion to collect, which corresponds to 4.3% of GDP.

Business in Portugal

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