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HomeSéparateurFocusSéparateurEuropeSéparateurPortugalSéparateurFaro: the Future of the profession under the Sign of Internationalisation
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Faro: the Future of the profession under the Sign of Internationalisation

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On 5 and 6 October 2012, the House of Solicitadores of Portugal (College of Enforcement Officers) held in Faro (Portugal) two important study days relating to a discussion on the future and improvement of the profession

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José Carlos Resende, President of the Chamber of Solicitadores of Portugal, had placed these meetings under the sign of internationalization by inviting Javier Sanchez, a Spanish Procurador and Françoise Andrieux, judicial officer in France and Secretary General of the UIHJ to participate in the work of the conference.

No fewer than six roundtables followed during these two days.
The first, entitled "Enforcement: Present and Future" allowed Joao Correia, President of the Committee on the Revision of the Portuguese Code of Civil Procedure to present the proposed amendments regarding enforcement proceedings.

Then Laurinda Gemas, lecturer in civil matters at the Centre for Legal Studies, Luis Filipe Ramos, enforcement officer and José Leiria, lawyer and president of the Bar Association of Faro, all together drew the ideal contour of everyone involved in the trial with regard to their respective professions.

It is at this moment that Javier Sanchez, Procurador in La Coruna (Spain) explained the role of this professional and the outlook of his action in Spain.

The second roundtable was devoted in its first part developed by Fernando Fragoso Marques, lawyer, to access to information and in its second part, developed by Armando Oliveira, to trial costs. The fees of enforcement agents were naturally mentioned on this occasion.

"Ethics and deontology of Enforcement Agents” was the topic of the third roundtable. Fernando Rodrigues, enforcement agent, highlighted the dangers that competition may arise between professionals as regards ethics.
His colleague, Susana Rocha, insisted on the need for independence and impartiality of the enforcement officer.

Hugo Lourenço, President of the Commission for the Efficiency of Enforcement, reminded that compliance with the rules of ethics and professional conduct includes a strong financial control of the accountancy of enforcement officers.

In the fourth round table on privileges, Judge Joel Timoteo Ramos Pereira considered the possible interventions and protections of the spouse in enforcement proceedings.

Remédio Brands, professor at the Faculty of Law of the University of Coimbra, focused on the perspective of buying back seized goods and gave way to Jose Ribeiro Gonçalves, President of legal administrators to examine the effects of insolvency.

In the fifth round table "The end of the trial," Aurora Bonaventura, enforcement agent, presented the Enforcements digital registry of, as it exists in Portugal, as well as the public list of debtors which is somehow an insolvency list which can help prevent over-indebtedness of the debtors when potential lenders have access to it before granting credit.

Susana Ferreira Dos Santos, a professor at the Polytechnic Institute, made the connection with the first presentation by developing implementation plans for the recovery of claims in cases of over-indebtedness.

Maria Joao Costa, Deputy Director General of the Directorate-General for Justice Policy and Tania Piazentin, consultant at the Directorate-General for Justice Policy, mentioned the need to establish statistics on the execution of court decisions, being successful or not, with the possibility of establishing an available list of insolvents.

Maria Helena Bruto Da Costa, lawyer, professor at the university and coordinator of the training department of the Chamber of Solicitadores, endeavoured to describe the procedural administration.

Finally, the last panel was asked about new activities that could be assigned to enforcement officers.

Fernando Moura, lawyer and professor of tax law studied the possibility of entrusting enforcement officers with the recovery of tax and administrative claims.
Françoise Andrieux developed the activity of statements of facts which is delegated to judicial officers in France.

Carlos de Matos, enforcement agent, explained the role of enforcement agents in the international service of documents of Regulation 1393/2007.
Jorge Lemos, judge and member of the National Council of Portuguese judges, leaned on interim measures and actions aimed at dividing shared goods.

The closing ceremony was graced by the presence of Joao Miguel Barros, Chief of Staff of the Minister of Justice, who congratulated the chamber of Solicitadores for the quality of its work and its thoughts and assured the audience of the support of the Ministry of Justice.
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José Carlos Resende, President of the Chamber of Solicitadores of Portugal, Françoise Andrieux, Secretary General of the UIHJ
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Françoise Andrieux, Secretary General of the UIHJ, Joao Miguel Barros, Head of Cabinet of the Ministry of Justice of Portugal, José Carlos Resende, President of the Chamber of Solicitadores of Portugal
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Carlos de Matos, Enforcement Solicitador
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