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Starting this week the legal procedures in Portugal in the real estate market and in other areas are undergoing a makeover and will make it easier for us, who do not live in Portugal regularly, in that we will not have to be physically present instead.
The Portuguese real estate news site Idealista reported that this week a new procedure came into force in Portugal that allows for remote legal proceedings through video conferences, regardless of the physical location of the participants, as opposed to the physical presence of the parties involved and professionals required so far. The procedures are real estate transactions of purchase and sale, granting loans and mortgages, divorce agreements, and more. All procedures and documents for electronic signing will be available on the platform of the Ministry of Justice, under the management of the attorneys who accompany the processes.
The new format is a huge advantage for investors in Portugal and in general, for us, who do not live in Portugal regularly because it allows doing important legal procedures remotely, without us we will be present in the place physically.
The new video format procedure will be valid for two years and then it will be decided whether it can be applied regularly.
According to the Portuguese government’s announcement, starting this week, the following legal procedures will be possible via video conference:
- Deeds of the house or authentication of purchase and sale contracts, of usufruct, of use and housing, of surface.
- Purchase and sale contracts;
- Mortgage loan agreements;
- Mortgage financing credit agreements;
- donations;
- Constitution of horizontal property and division of commons;
- Qualification of heirs with or without registrations, that is, the procedures that are part of the “Balcão de Inheranças” service, which allow identifying the heirs and sharing and registering assets;
- Process of separation or divorce by mutual consent.
The use of videoconferencing will not be possible for wills or for acts related to some facts subject to land registration.
The platform will be integrated into the website of the Ministry of Justice and can be used via login with a citizen card, mobile key, or professional certificate. The platform will allow the professionals involved, such as lawyers and notaries to submit and sign documents and conduct the meetings while adhering to the rules. All meetings will be recorded and stored in the Ministry of Justice database for 20 years. All documents must be digitally signed by all parties involved and must be authenticated and identical to procedures performed in the physical presence of the parties.
This digital revolution will benefit all parties involved in legal proceedings: citizens, lawyers, notaries, companies, documentarians, and record keepers.
This week the Order of Notaries will begin piloting the platform at three notary offices to verify use and legally adjust procedures.
In the Real Estate and Business category on our website, you will find more articles on everything related to real estate in Portugal. You are also welcome to join the Facebook group “Over the Rainbow Portugal” where you will find all the updates and information about Portugal.
