Decree-Law No. 31-A/99 approving the Civil Code of Cape Verde.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Civil Code of Cape Verde was approved by Decree-Law No. 47.344 of 25 November 1966 and extended to the then Overseas Provinces by Order No. 22.869 of 4 of September 1967. This final version of the Code approved by Decree-Law No. 31-A/99 was fully reconstituted and reprinted. The text of the Civil Code consists of the following five Books, each of them divided into separate Titles and Chapters: General - Laws, their interpretation and application (Book I); Right of duties (Book II); Right of Ownership (Book III); Right of Family (Book IV); Right of Succession (Book V).
OBLIGATIONS AND CONTRACTS. The Second Book of the Civil Code contains the general provisions that apply to the Rights of Obligations (contractual and non-contractual) and further regulates the principles on contracts in general, the types of contracts and non-contractual obligations (arts. 397-482). Chap III specifies the type of obligations (arts. 511-576). Chap IV deals with the Transmission of credits and debts (arts. 577-600), etc. The Civil Code includes as immobile property: a) Rustic and urban buildings; b) Waters; c) Trees, shrubs and natural fruits, while they are attached to the ground; d) The rights inherent to the properties mentioned above; e) The integral parts of rural and urban buildings.
PROPERTY AND REAL RIGHTS. The Third Book is divided into six Titles and establishes the principles governing the acquisition and exercise of property and other real rights. As a general rule, possession is the power when someone acts in a manner corresponding to the exercise of property rights or other real rights (art. 1251). Title I (arts. 1251-1301) establishes any exercise of property right, type of possession, acquisition, conservation and loss of possession, etc. Chapter VI (arts. 1287-1301) specifies various ways of acquiring property and the actions in defense of this right. The right to property is acquired by occupation, by invention, by accession, by specification, by union or commingling, by acquisitive prescription («Usucapião»), by effect of contracts, or by succession due to death. Title II (arts. 1302-1421) deals with the right of property in general and in particular with the following: Property rights; Intellectual property; Domain of the State and other public legal persons; Expropriations, etc. Chap. II lays down Hunting and fishing activity; Wild animals with their own shelter; Runaway wild animals; Bee swarms, etc. Chap IV deals with the ownership of waters, including all matters related to legal easements.
INHERITANCE. The Fifth Book is entirely dedicated to the right of succession, and governs the acquisition of the inheritance by legitimate succession, will or legacy. As a general rule, all those who were born or conceived at the time of the opening of the succession are capable of succeeding. In addition, it regulates in detail legitimate succession, in which the inheritance is devolved to the spouse, descendants, ascendants, collaterals, other relatives and the State in this order (arts. 1955-2259).
AGRICULTURE. This paragraph includes provisions relating to agricultural activities, agricultural reform, agricultural lands, such as: provisions that regulate rural leases are applicable to the agricultural partnership contract and credits for the supply of seeds, plants and fertilizers, and water or energy for irrigation or other agricultural purposes enjoy privilege over the fruits of the respective rural lands, etc. Art. 11 establishes that the provisions that regulate rural leases are applicable to the agricultural partnership contract. Art. 739 Privilege over the fruits of rural lands - The following enjoy privileges over the fruits of the respective rural properties: a) Credits for the supply of seeds, plants and fertilizers, and water or energy for irrigation or other agricultural purposes. Art. 502 Damage caused by animals - Anyone using any animals in their own interest is liable for the damage they cause, provided that the damage results from the special danger involved in their use. Art. 920 Sale of defective animals - The special laws or, in the absence of these, the uses on the sale of defective animals, are excepted. Art. 1043. In the case of animal rental, the costs of feeding these animals are always borne by the lessee, in the absence of a stipulation to the contrary.
OBLIGATIONS AND CONTRACTS. The Second Book of the Civil Code contains the general provisions that apply to the Rights of Obligations (contractual and non-contractual) and further regulates the principles on contracts in general, the types of contracts and non-contractual obligations (arts. 397-482). Chap III specifies the type of obligations (arts. 511-576). Chap IV deals with the Transmission of credits and debts (arts. 577-600), etc. The Civil Code includes as immobile property: a) Rustic and urban buildings; b) Waters; c) Trees, shrubs and natural fruits, while they are attached to the ground; d) The rights inherent to the properties mentioned above; e) The integral parts of rural and urban buildings.
PROPERTY AND REAL RIGHTS. The Third Book is divided into six Titles and establishes the principles governing the acquisition and exercise of property and other real rights. As a general rule, possession is the power when someone acts in a manner corresponding to the exercise of property rights or other real rights (art. 1251). Title I (arts. 1251-1301) establishes any exercise of property right, type of possession, acquisition, conservation and loss of possession, etc. Chapter VI (arts. 1287-1301) specifies various ways of acquiring property and the actions in defense of this right. The right to property is acquired by occupation, by invention, by accession, by specification, by union or commingling, by acquisitive prescription («Usucapião»), by effect of contracts, or by succession due to death. Title II (arts. 1302-1421) deals with the right of property in general and in particular with the following: Property rights; Intellectual property; Domain of the State and other public legal persons; Expropriations, etc. Chap. II lays down Hunting and fishing activity; Wild animals with their own shelter; Runaway wild animals; Bee swarms, etc. Chap IV deals with the ownership of waters, including all matters related to legal easements.
INHERITANCE. The Fifth Book is entirely dedicated to the right of succession, and governs the acquisition of the inheritance by legitimate succession, will or legacy. As a general rule, all those who were born or conceived at the time of the opening of the succession are capable of succeeding. In addition, it regulates in detail legitimate succession, in which the inheritance is devolved to the spouse, descendants, ascendants, collaterals, other relatives and the State in this order (arts. 1955-2259).
AGRICULTURE. This paragraph includes provisions relating to agricultural activities, agricultural reform, agricultural lands, such as: provisions that regulate rural leases are applicable to the agricultural partnership contract and credits for the supply of seeds, plants and fertilizers, and water or energy for irrigation or other agricultural purposes enjoy privilege over the fruits of the respective rural lands, etc. Art. 11 establishes that the provisions that regulate rural leases are applicable to the agricultural partnership contract. Art. 739 Privilege over the fruits of rural lands - The following enjoy privileges over the fruits of the respective rural properties: a) Credits for the supply of seeds, plants and fertilizers, and water or energy for irrigation or other agricultural purposes. Art. 502 Damage caused by animals - Anyone using any animals in their own interest is liable for the damage they cause, provided that the damage results from the special danger involved in their use. Art. 920 Sale of defective animals - The special laws or, in the absence of these, the uses on the sale of defective animals, are excepted. Art. 1043. In the case of animal rental, the costs of feeding these animals are always borne by the lessee, in the absence of a stipulation to the contrary.
Attached files
Notes
As soon as the new Civil Code enters into force, all civil legislation relating to the matters covered by the previous one is revoked, with the exception of the special legislation to which express reference is made.Last amended and reprinted by Decree-Law No. 31-A/99 of 30 August 1999.
Repealed
No
Serial Imprint
Boletim Oficial Serie 1, No. 31, Supplement, 30 August 1999.
Source language
English
Legislation Amendment
No
Original title
Decreto-Lei n. 31-A/99 - Aprova o Código Civil.