Litigation and Arbitration

The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision nº 2/2021, dated 07.05.2021) in the following sense: “The sale during insolvency proceedings of a mortgaged property, with a lease entered into subsequent to the mortgage, does not make the lessee’s rights expire, in line with the provisions of article 109.3 of the Insolvency and Companies Recovery Code (Código da Insolvência e da Recuperação de Empresas - CIRE), combined with article 1057 of the Civil Code (CC), with the provisions of article 824.2 of the CC not being applicable”.