Civil Lawyer in Portugal
Legal assistance in civil disputes, contractual conflicts, civil liability, debt recovery and enforcement proceedings
A failed contract, an unpaid debt, damage caused by another person or company — civil disputes take many forms, but they all have one thing in common: the sooner they are dealt with, the easier they are to resolve, whether through negotiation or, when necessary, in court.
At First Legal, we assist individuals and companies in Civil Law matters, whether the dispute is only beginning or is already the subject of court proceedings. Our civil litigation lawyer provides assistance according to the circumstances and stage of each dispute.
Fees and timeframes
Contractual disputes
A contract does not end when it is signed. The parties remain bound by the obligations they have undertaken, and problems often arise when what was agreed does not correspond to what ultimately happens. A breach may relate to payments, deadlines, the provision of services, the delivery of goods or other obligations set out in the contract, or may result from disagreements regarding the interpretation of a clause. In these cases, the contract should be considered together with what happened afterwards: the communications exchanged and the way in which each party acted may be just as relevant as the document itself.
Civil liability and compensation
Civil liability arises when the legal requirements are met for imposing on someone the obligation to repair damage.
It may involve contractual civil liability, when the loss results from the breach of an obligation undertaken, or non-contractual civil liability, when the damage does not arise from a contract between the parties, for example, an accident or another unlawful act.
The existence of damage does not, by itself, mean that there is a right to compensation: it is always necessary to demonstrate the connection between the conduct of the person who caused the damage and the loss suffered.
Where there are grounds for holding the other party liable, a compensation lawyer can assist in claiming compensation for the damage and, if necessary, bringing the corresponding claim before the court.
Debt collection and recovery
An unpaid debt may arise from a contract, an invoice, the provision of services or a loan. Our debt collection lawyer represents both those who need to recover an outstanding amount and those who wish to challenge or negotiate a claim that they consider unjustified. We normally begin with an out-of-court approach and proceed to judicial mechanisms when no solution is reached.
Not all debts follow the same route: this depends on the documentation available and on whether or not there is an enforceable title. There is always a time limit to consider, and this varies depending on the type of debt. Therefore, before assuming that it is already too late to act, or that there is still plenty of time, whether to recover a debt or to defend against a claim, it is worth confirming your situation.
Enforcement proceedings
Enforcement proceedings are intended to obtain compulsory performance of an obligation when the legal conditions for enforcement are met. A prior judgment is not always required: the essential point is to determine whether the creditor has an enforceable title that allows enforcement proceedings to be initiated. Once the proceedings have begun, measures aimed at satisfying the claim may be taken, including the seizure of the debtor’s assets, within the limits established by law.
Resolve the dispute or go to court?
A letter or a negotiation may resolve certain disputes without the need to initiate court proceedings. In other cases, insisting on negotiations that are not producing results merely delays the resolution of the problem.
There is no single answer that applies to every situation. The decision should take into account the legal position of the parties, the evidence available, the position already taken by the other party and the result that is intended to be achieved.
If there is a negotiated solution that adequately protects the client’s interests, it may avoid court proceedings. When this is not the case, civil litigation makes it possible to apply to the courts to seek recognition or enforcement of the right concerned.
Frequently asked questions
What should be done when the other party fails to comply with a contract?
The first step is to identify which obligation has not been fulfilled and to check what was established in the contract. Subsequent communications between the parties and other documents relating to the contractual relationship may also be relevant.
Depending on the case, it may be possible to require performance, claim outstanding amounts, terminate the contract or seek compensation for the damage caused.
When is it possible to claim compensation?
The possibility of claiming compensation depends on the specific circumstances and on the requirements for civil liability. The existence of damage does not, by itself, mean that another person or entity is required to compensate for it.
It is necessary to determine the origin of the damage, the circumstances in which it occurred and its connection with the conduct of the person who may be responsible. Liability may be contractual or non-contractual, and it is important not to wait too long: in cases of non-contractual liability, the time limit is only 3 years from the date on which the right becomes known.
How can a debt be recovered through the courts?
The method of recovery depends on the origin of the debt and the documents available. A contract, an invoice, an acknowledgment of debt or another document may influence the procedure to be used.
In certain situations, it is possible to proceed directly with enforcement proceedings. In other cases, it may first be necessary to use another procedure in order to obtain recognition of the debt.
Is a judgment required to initiate enforcement proceedings?
Not necessarily. A judgment may constitute an enforceable title, but it is not the only type of title that may allow enforcement proceedings to be initiated.
Before bringing enforcement proceedings, it is necessary to determine whether there is a valid enforceable title and whether the obligation can be enforced through that procedure.
Can a civil dispute be resolved without going to court?
Yes. Depending on the nature of the dispute and the position of the parties, it may be possible to reach a solution through negotiation, formal notice to the other party or an agreement.
When there is no possibility of reaching an understanding, or when an out-of-court solution is not appropriate to protect the rights concerned, it may be necessary to go to court.