1. On the basis of your national law, is it possible in your national system to register (notarial) deeds that were drawn up by a foreign notary? If possible, could you please provide a legal basis?
Yes it is possible. However, Portuguese law determines that the conveya ncer has to control the substantial validity of the contract, in severa! aspects and this control must be complied by the foreign notary when drafting contracts on plots in Portuga l. In addition there are other rules, 1 concern ing ad mi nistrati ve authorizations and t:ax obligations to which the foreign document must cornply.
Articles 3611 and 36511 of the Portuguese Civil Code.
(for further ínformation see Afonso Patriio, NProblems an positive aspecrs of Portuguese legal system regarding cross border conveyancing» – presentation at lpra-Cinder Congress in Amsterdam 2012)
2. On the basis of your national law, is it possible to register (notarial) deeds that were drawn up in a foreign language? If possible, could you please provide a legal basis?
Land Registry can admit documents written in foreign languages – Engllsh, French or Spanish – if they know the language, according to article 43/3 of the Land Registry Code. lf they do not know any of the mentioned 3 Janguages or if the documents are written in another foreign language, the document has to be translated, and the translation has to be certified as ruled at the Notary Code
3. On the basis of your national law, is it possible to register multilingual deeds? If possible, could you please provide a legal basis?
See answer to the prevíous questíon.
4. Which procedure do you follow if you receive a deed from a foreign party that does not fulfill your registration requirements? In particular, in which language does the land registrar communicate with the foreign party? In particular, if the foreign party neither speaks your mother tongue nor English, is the assistance of translators required?
If the deed does not fulfill the Portuguese registration requirements, the registrar contacts the party to correct or provide the missi ng elemcnts in the period of 5 days. If the missi ng requirements are not pro»ided.the entry wtll be refuse or done provisionally .
Again, if tite registra r is able to communicate in a different Janguage he can use it, otherwise translators are required.