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Decree Law No. 34/2021


Publication: Republic Diary No. 94/2021, Series I of 2021-05-14
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 34/2021
  • Pages: 3 - 12

Summary in plain english

What is it?

This decree-law approves the scheme for the leasehold injunction procedure and regulates the Leasehold Injunction Service (SIMA).

The leasehold injunction order (IMA) is an injunction that grants enforceability to a petition intended to guarantee the tenant's rights.

What is going to change?

The scheme of special proceedings in matters of lease intended to enforce the tenant's rights will be approved.

Each procedure is only applicable to an urban property or an autonomous fraction of which the applicant is tenant.

The application is filed with SIMA and may be rejected if, for example, it is not signed or does not indicate the competent court for examining the case.

SIMA

This is the judicial registry with exclusive competence for processing throughout the national territory.

Its staff is defined by an administrative decree issued by the members of the Government responsible for finance and justice.

SIMA gives the IMA application the force of an enforceable title if the defendant does not oppose to it within 15 days or if the respective court fee is not paid.

The procedure is extinguished:

    • with the acknowledgement by the claimant of the fulfilment of the writ;
    • by withdrawal of the procedure by the claimant;
    • by death of the claimant or the defendant.

The special procedures are preferably processed electronically, under the terms defined by an administrative decree of the member of the Government responsible for the area of justice.

The constitution of a legal representative is not compulsory for filing the petition for injunction.

The member of the Government responsible for the area of justice has 60 days from the publication of this decree-law to create, through an administrative decree, the norms regarding the IMA procedure.

What advantages does it bring?

This decree-law, by approving the IMA, corrects situations of imbalance between tenants and landlords and reinforces the security and stability of the urban lease.

It protects tenants in a particularly fragile situation.

When does it enter into force?

This decree-law enters into force on 15 May 2021.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.