Area 09
Civil Law
Our civil practice underpins the financial relationships of companies and individuals alike, from compensation for harm to the recovery of a debt, with the same technical care applied to the corporate practice areas.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationWe act in contractual and non-contractual liability, in matters of obligation and in asset disputes, both by negotiation and in court, always with a prior assessment of the balance between risk, time and expected outcome.
In debt recovery and enforcement, the work begins by analysing the enforceability of the instrument and the debtor’s ability to pay, a diagnosis that avoids lengthy proceedings with no realistic prospect of recovery.
Where a foreign element is present, the strategy considers international jurisdiction from the outset, together with the prospects of enforcing any decision in the country where the assets are located.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Civil liability
Compensation for financial loss, distress and reputational harm, and defence in damages claims.
Debt recovery and enforcement
Formal notice, negotiation, recovery proceedings, enforcement of instruments and asset restraint measures.
Contractual review and termination
Review proceedings, termination for breach and challenges to unfair or excessively onerous clauses.
Law of obligations
Structuring of security, novation, assignment of receivables, assumption of debt and acknowledgement of debt.
Asset protection
Organisation of the assets of company owners and families, with attention to the effect on the corporate structure.
Mediation and settlement
Conduct of negotiations and formalisation of enforceable settlements where negotiation is the more efficient route.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
Is it worth enforcing against a debtor with no visible assets?
Not always. Before bringing enforcement proceedings we assess whether assets exist and whether recovery is realistic in practice. An enforceable instrument without underlying assets consumes time and resources with no prospect of satisfaction.Can a debt incurred in Europe be recovered in Brazil?
It depends on the instrument and the debtor’s domicile. Where assets exist in Brazil, the route usually involves recognition of the foreign instrument or bringing fresh proceedings before the competent Brazilian court.Is an out of court settlement enforceable?
It can be, provided the formal requirements of each legal system are met. Proper drafting of the instrument is what allows it to be enforced directly, without fresh proceedings on the merits.
Civil Law
Need guidance on civil law?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.