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Custodian (fiel depositário)

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The fiel depositário is the person responsible for keeping and looking after the seized property until the sale, and for showing it to anyone who wants to view it.

When a property is seized, someone becomes responsible for it. In civil enforcement, the fiel depositário is as a rule the . There are important exceptions: if the property is the 's actual home, the debtor is the custodian; if it is let, the tenant is (CPC article 756).

The custodian must manage the asset with care and diligence and account for it (article 760).

For a prospective buyer, the most relevant duty is showing the property. Until the day bids are opened, the custodian is obliged to show it to anyone wishing to inspect it, and may set the viewing hours (CPC article 818). The rule in Tax Authority sales is similar: the custodian shows the assets during the hours stated in the sale notice (CPPT article 249(6)).

Example

Illustrative example: a listing reads 'custodian: the debtor' with a telephone number. This tells an interested buyer two things: the property is probably the debtor's home, and the viewing is arranged with the debtor, within the stated hours.

In practice, at an auction

An e-Leilões listing must identify the custodian, their contact details and where and when the property can be seen. If you cannot arrange a viewing, say so in writing to whoever is running the sale (enforcement agent or tax office). When the custodian is the person living there, arrange the visit in advance and keep to the hours set. More in How to view a seized property.

Legal basis