Decree-Law 126/2021 establishes the temporary legal regime applicable to the performance, through videoconference, of authentic acts, terms of authentication of private documents, and acknowledgements.
Decree-Law 126/2021 entered into force on the 4th of April, establishing the temporary legal regime applicable to the performance, through videoconference, of authentic acts, terms of authentication of private documents, and acknowledgements.
What began to take shape as a solution regarding coping with the constraints of social interaction imposed by the COVID-19 disease has now, in the post-pandemic period, been put into practice and allows the remote execution of authentic acts, terms of authentication of private documents, and acknowledgements that no longer require the presence of those interested in the act before the professional who draws them up.
It should be noted that this innovative scheme is of a temporary nature for 2 years, subject to later evaluation, a period that will obviously serve to assess its reliability and practical applicability.
This Diploma now makes it possible to perform acts through videoconferencing, presenting itself as an important service provision tool, namely legal services, available to citizens, companies, and professionals who, however, are compromised with the formalities legally imposed for the practice of acts and guaranteeing the security and authenticity that the acts performed in person have, also having the same evidential value as these.
It should be noted that the entities with the competence to perform these acts remain the same (registrars, registry officers, notaries, Portuguese consular agents, lawyers, or solicitors) and that it is now possible to perform the following acts by videoconference:
a) Special procedure for transmission, encumbrance and immediate registration of buildings;
b) Procedure of separation or divorce by mutual consent;
c) Procedure of habilitation of heirs and corresponding registries;
The following acts are outside the scope of this Diploma
a) Wills and acts relating thereto;
b) Acts relating to facts subject to land registration that are legally excluded and that are listed in the Diploma in question.
The form of access, both for interested parties and professionals, is also established in this Diploma, which, it is hoped, despite bringing greater accessibility and ease of practice of these acts, will maintain its solemnity by safeguarding the legal formalities.