Bidspirit auction | [D. JOSÉ I / D.

[D. JOSÉ I / D. MARIA I]. EXECUÇÕES E DÍVIDAS — Penhoras, Arrematações e Processo Civil. 1754–1780. - [D. JOSÉ I / D. MARIA I] EXECUÇÕES E DÍVIDAS — Penhoras, Arrematações e Processo Civil . 1754–1780. 5 diplomas régios: 3 Alvarás, 1 Alvará de Lei, 1 Lei. A set of five decrees concerning the debt enforcement process and the rules for the seizure and auction of assets in Portuguese civil law. Debt recovery was one of the most contentious areas of judicial practice, with frequent abuses by both creditors—who attempted to seize unseizable assets such as official documents—and debtors—who prolonged executions with successive objections. The Josephine and Marian legislation sought to balance the protection of creditors' rights with the containment of excesses in the enforcement process. 12 Aug 1754 (D. José I) — Declares that the Law of the Courts of January 28, 1641, includes, without restriction, the purely gratuitous assignments of debts and actions of third parties; orders that such assignments cannot be taken in the Courts of the Captives nor executed by principle of execution. January 20, 1766 (King Joseph I) — Prohibits seizures and auctions in the Offices of Justice and Finance and their revenues; declares all executions in these Offices null and void; penalties for Judges who order them and Clerks who process them. August 29, 1768 (King José I) — Expands Chapter CCXI of the Treasury Ordinances, allowing ministers and judges to issue writs of attachment and seizure directly against debtors, without having to refer the matter to the Court's Inspectors. February 27, 1779 (Queen Maria I) — Eliminates the thirteen Criminal Ministers of Lisbon who presided over auctions of seized goods, putting an end to the disorders in the sales; creates in their place a single Judge President of the Auctions in the General Warehouse Square. 25 Mar 1780 (D. Maria I) — Revokes the Decrees of 31 May 1776 and 4 April 1777, establishing that no creditor can be forced to accede to the agreement of other creditors; protection of the independence of creditors in collective executions. This collection documents the constant tension between executive efficiency and debtor protection, as well as the need to limit the scope of seizures to unseizable assets and to streamline the auction process for seized assets. It is relevant documentation for the study of the history of Portuguese civil and commercial law. ⚑ Auto-translated via Google Translate