Commercial & Corporate Law lawyers in Portugal

Portugal legal framework

How commercial and corporate law works in Portugal

Portugal follows the continental civil law tradition, based on comprehensive codes and written statutes rather than binding precedent. For commercial and corporate matters, the applicable rules are found primarily in the Civil Code, Commercial Code and Civil Procedure Code. Below are key aspects of the Portuguese system relevant to businesses and entrepreneurs.

Civil law system and judicial structure

Portugal’s legal system is Romano-Germanic, based on codes such as the Civil Code and Commercial Code. Commercial disputes are heard by judicial courts organised into 23 comarcas, with specialised commercial divisions where available. Appeals go to the Courts of Appeal and, ultimately, the Supreme Court of Justice. Understanding this hierarchy is crucial for any corporate litigation strategy.

Only registered lawyers may practise

In Portugal, practising law and performing reserved acts requires membership of the Ordem dos Advogados. Foreign lawyers may establish under their home title after registration, but only OA-registered lawyers may represent clients in Portuguese courts. Unlawful practice of law is a criminal offence. We only match you with lawyers who hold current OA registration.

Court costs and legal fees

Court fees are expressed in a Unidade de Conta (UC), a unit updated annually, and are calculated based on case value and complexity. Legal fees are freely agreed between lawyer and client; there are no binding tariffs. Losing parties typically bear court costs, and legal aid is available for those who demonstrate economic insufficiency.

Key deadlines in commercial litigation

The general limitation period is 20 years, but many commercial claims fall under shorter periods, such as five years for periodic payments or interest. Appeals against first-instance judgments must be filed within 30 days, or 15 days in urgent proceedings. Missing these deadlines can permanently bar your claim or appeal.

Real property formalities in business transactions

Transactions involving immovable property require registration in the Land Registry and are typically formalised by public deed or authenticated private document. For corporate acquisitions involving real estate, this combination of notarial and registry formalities is essential to ensure valid transfer and protection against third parties.

All data on this page is sourced from official Portuguese legislative and judicial bodies and the European e-Justice Portal, accurate as of 2024.

• European e-Justice Portal – National justice systems: Portugal
• Portuguese Bar Association – Estatuto da Ordem dos Advogados (consolidated version)
• Prescrição – Diário da República
• Lei 7/2009 – Código do Trabalho (consolidated)
• Divórcio por mútuo consentimento – Diário da República
• Código de Processo Civil (consolidated) – Article on appeal deadlines
• Prazo impugnação ato administrativo – Diário da República
• Portal das Finanças – Death and inheritance reporting
• Regime de acesso ao direito e aos tribunais (Law 34/2004)
• Regulamento das Custas Processuais (Decree-Law 34/2008)