Compliance

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    Payment Agreement (Regularization Plan)

    Management ToolkitTemplateMIN_07

    Legal Links

    Legal Reference

    Artigo 458.º do Código Civil (confissão de dívida); Artigo 703.º, n.º 1, alínea c) do Código de Processo Civil (documento particular autenticado como título executivo); Artigo 6.º do Decreto-Lei n.º 268/94, de 25 de outubro (com redação da Lei n.º 8/2022)

    Requirements

    • Clear identification of the total debt amount (principal, legal interest, and costs), specifying the applicable period
    • Precise schedule of installments (dates, amounts, and payment method)
    • Clause for early maturity in case of default on any installment
    • Explicit mention of the requirement for notarial authentication to confer enforceable effect on the document
    • Signatures of both parties (Administrator and Owner), with in-person signature recognition by a notary or lawyer

    Text Template

    CONDOMINIUM DEBT PAYMENT AGREEMENT
    
    BETWEEN:
    1. BUILDING CONDOMINIUM [Full address of the building], represented by its Administrator, [Full name of Administrator], hereinafter referred to as «First Grantor»;
    2. [Full name of the Owner], holder of citizen card No. [CC No.]/NIF [NIF], owner of the autonomous fraction [Full identification of the fraction], hereinafter referred to as “Second Grantor”;
    
    Considering that:
    a) The Second Party is indebted to the First Party in the total amount of [Total Value]€ (capital: [Value]€; legal interest: [Value]€; costs: [Value]€), relating to condominium fees due between [Start Date] and [End Date], as detailed in the minutes of the general meeting of [Meeting Date];
    b) The Second Party fully recognizes the debt identified above;
    c) The parties intend to regularize the situation through a phased payment plan;
    
    This agreement is concluded under the following terms:
    
    CLAUSE 1 (Recognition and Confession of Debt)
    The Second Party declares, by this act, to recognize and confess the existence of the debt identified above, in accordance with article 458 of the Civil Code.
    
    CLAUSE 2 (Payment Plan)
    1. Payment of the debt will be made in [Number] monthly installments, due on [Day] of each month, starting on [Date of 1st installment], under the following terms:
    • Installment no. 1: [Amount] €, due on [Date];
    • Installments no. [2] to [N]: [Value]€ each, due monthly by [End date].
    2. Payment will be made by bank transfer to the condominium account [IBAN], and proof must be sent to the Administrator within 48 hours after each transfer.
    
    CLAUSE 3 (Early Maturity)
    Failure to comply, even partially, with any installment within the stipulated period determines the immediate and full maturity of the remaining debt, without the need for judicial or extrajudicial interpellation.
    
    CLAUSE 4 (Current Quotas)
    This agreement does not exempt the Second Party from punctual compliance with condominium fees that fall due during the term of the payment plan. Failure to meet current quotas also constitutes cause for early maturity under the terms of the previous clause.
    
    CLAUSE 5 (Executive Force)
    1. The Second Party expressly consents that this document, after authentication of the signatures by a notary or lawyer in accordance with article 272 of the Notary Code, constitutes an enforceable title in accordance with article 703, no. 1, paragraph c) of the Code of Civil Procedure.
    2. Without prejudice to the previous number, the minutes of the general meeting of [Date of the Meeting], which details the installments due, constitute an autonomous executive title under the terms of article 6 of Decree-Law no. 268/94, of 25 October.
    
    CLAUSE 6 (Applicable Law and Jurisdiction)
    This agreement is governed by Portuguese law. To resolve any disputes arising from this agreement, the parties expressly elect the jurisdiction of the district of [District of the building], waiving any other.
    
    As they fully agree, they sign this document in two copies of the same content and form, which will be subject to notarial or lawyer authentication to produce executive effects.
    
    [Place], [Date]
    
    The First Grantor
    The Condominium Administrator
    _________________________
    [Signature and stamp]
    
    The Second Grantor
    The Condominium
    _________________________
    [Signature]
    
    [Required: In-person recognition of signatures by a notary or lawyer]

    Legal Notice

    This content is for informational purposes only and does not replace personalised legal advice.

    Always confirm critical decisions with a qualified lawyer or professional.

    The content is specific to Portuguese law and may not apply to other jurisdictions.