ABSTRACT

Mrs Amélia Alves Estima Jorge, the applicant, and AP, by a notarial deed dated 19 December 1978, jointly agreed to lend to Mr and Mrs O a total of PTE 1,360,000, to be repaid within six months, which period was renewable as often as the parties agreed. The loan bore interest. The borrowers undertook to bear the costs incurred in securing and enforcing the debt. The capital and interest and other costs were secured by a mortgage over a property. The borrowers failed to repay either capital or interest. The lenders brought enforcement proceedings in the Lisbon Court of First Instance against Mr and Mrs O for repayment of the mortgage. They also sought an order for payment of accrued interest at the date of repayment of the loan in full and of costs and expenses. On 29 November 1994 the Bank for Official Deposits delivered a cheque to Mrs Estima Jorge. She complained about the length of proceedings. Comm found by majority (18-8) V 6(1).