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Portuguese notaries no longer a legal requirement



Country:  Portugal

5 February 2008

The introduction of a controversial new Portuguese law means that it is no longer a legal necessity to register property transactions of any kind to the notary. Instead it will now be optional. 

The move comes as part of Portuguese Prime Minister José Sócrates’ attempts to speed up the process of buying property. However, the Portugal’s Order of Notaries has slammed the country’s government for introducing the legislation.

Under new Decree 255/93 property contracts or escrituras will soon be able to be carried out by solicitors using certificated documents (documentos autenticados) at Conservatories or Land Registries with solicitors and even chambers of commerce all being legally entitled to carry out the work.

The Order of Notaries believe that this new optional process is of high risk because notary legal control will no longer exist, ending strict public registration and archiving of authentic, witnessed contracts and public documents in conditions of complete legal security.

Editor’s comment
Many people thinking of buying property in Portugal will welcome the simpler property buying procedure. However, there is a danger that the proposed measure will create some insecurity, which may result in more legal disagreements in the future.

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