Currently, the sale of goods preferably takes place through the platform https://www.e-leiloes.pt/, pursuant to Article 837 of the Portuguese Code of Civil Procedure (Código de Processo Civil - CPC) and Articles 20 et seq of Ministerial Implementing Order No. 282/2013 of 29 August.
The operating rules of the platform https://www.e-leiloes.pt/ were approved by Order of the Minister for Justice No. 12624/2015, published in the Official Gazette of the Portuguese Republic (Diário da República), series 2, No. 219, dated 9 November 2015.
Notices of sale are governed by the provisions of Article 6 of Ministerial Order 12624/2015:
Advertisement of the Auction
The prices/values of the goods seized:
Base Value: This is the value of the goods or set of goods making up a lot, as determined within the scope of the procedure to which the sale relates, namely in enforcement governed in accordance with the CPC or, in insolvency procedure, governed in accordance with the Insolvency and Business Recovery Code (Código da Insolvência e da Recuperação de Empresas).
Minimum Value: The ‘minimum value’ is the value above which the goods may be sold, and which corresponds, under Article 816(2) of the CPC, to 85 % of the base value. In some cases, the minimum value may be equal to the base value.
The operating rules of the platform https://www.e-leiloes.pt/ were approved by Order of the Minister for Justice No. 12624/2015, published in the Official Gazette of the Portuguese Republic, series 2, No. 219, dated 9 November 2015, and stipulated that the platform would be developed and administrated by the then Portuguese Solicitors’ Association, now the Association of Solicitors and Enforcement Agents (Ordem dos Solicitadores e Agentes de Execução).
In civil enforcement procedures conducted by enforcement agents, only the latter may perform the sales proceedings.
For example, goods that must be sold in regulated markets or that must be sold directly.
Article 837. of the CPC – Sale by electronic auction
Article 830 of the CPC – Goods sold in regulated markets
Financial instruments and commodities with a listing on a regulated market are sold in regulated markets.
Article 831 of the CPC – Direct sale
If the goods are legally required to be delivered to a particular entity, or have been promised for sale, with real effect, to a person wishing to exercise the specific right of enforcement, the sale is made directly to them.
It should be noted that, although electronic auction is the preferred mode of enforcement sale in Portugal, the CPC also provides for other alternative methods of sale:
Regulatory and registry entities include:
Firstly, it is important to note that access to the databases is by the enforcement agent, confidentially, rather than by the creditor directly.
Ministerial Implementing Order No. 331-A/2009 of 30 March, as amended by Ministerial Implementing Order No. 350/2013 of 3 December, and by Ministerial Implementing Order No. 288/2015 of 17 September, governs access to public databases.
Ministerial Implementing Order No. 282/2013 of 29 August also governs access to the databases of the Bank of Portugal.
The databases to which the enforcement agent has direct electronic access are, among others:
The operating rules of the platform https://www.e-leiloes.pt/ were approved by Order of the Minister for Justice No. 12624/2015, published in the Official Gazette of the Portuguese Republic, series 2, No. 219, dated 9 November 2015.
The relevant information can be found at:
Operating rules of the electronic auction platform
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