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Decree-Law No. 47344 approving the Civil Code.

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Legislation
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Date of latest amendment
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Abstract
ADOPTION, PROMULGATION AND AMENDMENTS - The Civil Code was adopted on 25 November 1966 and successively amended several times up Decree-Law No. 2/2021 of 9 August.
STRUCTURE OF THE CIVIL CODE - This Law, consisting of 2334 articles divided into five Books, provides for the Civil Code of Portugal. The Code is divided as follows: Book I on General Part; Book II on Rights of Duties; Book III on Rights of Possession; Book IV on Family Rights; Book V on Heritage and Succession Rights.
PROPERTY AND REAL RIGHTS - The Code deals provides for property on lands, and other real rights (such as servitudes, usufruct, emphiteusis), common property, adverse possession and prescription («usucapion»), as follows: art. 46. regime of land possession, property and other rights; art. 298. rights of property, land usufruct, use, housing, surface, emphiteusis and easement. Furthermore, art. 1331. establishes that islands or sand residues that form in the water currents belong to the owner of the part of the occupied bed. If, however, the islands or residues are formed by avulsion, the owner of the land where the decrease has occurred enjoys the right of removal under the conditions prescribed by article 1329 regulates the islands that form in common or private currents belong to the border riverine owners; these additions formed by deposits and natural embankments along the banks of the currents, or by the diversion of their waters, belong to the owners of the marginal lands, without compensation.
INHERITANCE - Book V approves the general principles governing inheritance, particularly through succession rights, will and legacy. It regulates the calling of one or more persons to enter into the legal-patrimonial relations held by a deceased person and the consequent transfer of the latter's rights and obligations, regulating the opening of the succession and the calling of heirs and legatees, inheritance, acceptance, repudiation, charges, petition, administration, liquidation, sharing, alienation, legitimate, contractual and testamentary succession.
OBLIGATIONS AND CONTRACTS - Art. 11. For the future, the provisions that regulate rural leases are applicable to the agricultural partnership contract. Art. 405 Contractual freedom - 1. The parties have the power to freely determine the content of the contracts, enter into contracts other than those provided for in this code or include in them the clauses they see fit. 2. The parties may also combine in the same contract rules for two or more businesses, fully or partially regulated by law. Art. 406 Effectiveness of contracts - 1. The contract must be punctually performed, and can only be modified or terminated by mutual consent of the contracting parties or in cases permitted by law; 2. In relation to third parties, the contract only takes effect in the cases and terms specifically provided for by law. Art. 407 Incompatibility between personal rights of enjoyment - When, by successive contracts, personal rights of enjoyment incompatible with each other are constituted, in favor of different people, but on the same thing, the oldest right in date prevails, without prejudice to the rules registration itself. Art. 408 Contracts with real effectiveness - 1. The constitution or transfer of real rights over a specific thing takes place as a mere effect of the contract, except for the exceptions provided for by law.
WATER - This paragraph establishes general rules and principles governing water rights, and management of water resources, including wastewaters and discharges. Art. 1459. deals with the exploitation of waters establishing that the usufructuary may, for the benefit of the land enjoyed, seek groundwater through wells, mines or other excavations. Art. 1385. Lists the classification of water, including public waters granted in perpetuity for irrigation or agricultural improvement. Art. 1561. For the benefit of agriculture or industry, or for domestic expenses, everyone is allowed to pipe, underground or uncovered, the private waters to which they are entitled, through rural lands owned by others, by means of compensation for the damage resulting from the work to said lands. Art. 204. immovable things, such as: a) Rural and urban lands; b) The waters; c) Trees, bushes and natural fruits, as long as they are connected to the ground; d) The rights inherent to the properties mentioned; e) The integral parts of rural and urban lands. Art. 1556 deals with the servitude of passage for the use of water and legal servitude of water.
MINERAL RESOURCES AND MINING - The Civil Codes includes general principles governing exploration and mining activities. Art. 1348. Excavations - The land owner is allowed to opening mines or wells in his land and carrying out excavations, as long as he does not deprive the neighboring buildings of the necessary support to avoid landslides or earth displacements. As soon as they come to suffer damages with the works carried out, the neighboring owners will be compensated by the author, even if the necessary precautions have been taken. Art. 1457. Exploration of mines - The usufructuary of a mining concession must conform, in the exploration of mines, to the practices followed by the respective holder. The usufructuary of land where mining operations exist is entitled to amounts due to the owner of the land, either as rent or for any other title, in proportion to the time the usufruct lasts.
AGRICULTURE - This paragraph includes provisions relating to agricultural activities, agricultural reform, agricultural lands. Art. 1558. Use of water for agricultural purposes - The owner who does not have or cannot obtain, without excessive inconvenience or expense, enough water for the irrigation of his building, has the option of using water from neighboring buildings, which are not being used, paying its fair value.
LIVESTOCK - Art. 1121. Establishes that livestock partnership is the contract whereby one or more people hand over an animal or a certain number of them to another, for them to raise, think and watch over them, with the agreement of sharing among themselves the future profits in a certain proportion. Art. 1305-A. Ownership of animals - 1. The owner of an animal must ensure its welfare and respect the characteristics of each species and observe, in the exercise of their rights, the special provisions relating to the creation, reproduction, keeping and protection of animals and the safeguarding endangered species, whenever required. 2. For the purposes of the provisions of the previous number, the duty to ensure the well-being includes, namely: a) The guarantee of access to water and food according to the needs of the species in question; b) The guarantee of access to medical-veterinary care whenever justified, including the prophylactic, identification and vaccination measures provided for by law. 3. The property right of an animal does not cover the possibility of, without legitimate reason, inflicting pain, suffering or any other ill-treatment that results in unjustified suffering, abandonment or death. Art. 1462 deals with the usufruct over animals.
FORESTRY - Art. 700. The cutting of trees or bushes, the harvesting of natural fruits and the alienation of integral parts or accessory things covered by the mortgage are only effective in relation to the mortgage creditor if they are prior to the registration of the attachment and fall within the ordinary administrative powers. Art. 1366. - It is lawful to plant trees and shrubs up to the dividing line of rural land; but the owner of the neighboring land is allowed to pull out and cut the roots that enter his land and the trunk or branches that protrude over it, if the owner of the tree, being requested judicially or extrajudicially, does not do so within three days.
ENERGY - Art. 509. Damage caused by electrical energy or gas installations - 1. Whoever has the effective management of the installation intended for the conduction or delivery of electrical energy or gas, and uses that installation in his/her interest, is liable for the damage deriving from the conduction or delivery of electricity or gas, or for damage resulting from the installation itself, unless at the time of the accident it complies with the technical rules in force and is in perfect condition; 2. Damages due to force majeure are not required to be repaired; Any external cause is considered to be force majeure, independent of the functioning and use of the thing.
Entry into force notes
This Decree-Law enters into force one 1 January 1968.
Notes
Law No. 23/2019 of 23 December replaced Book V of the Civil Code on Succession.Last amendments up to Decree-Law No. 2/2021 of 9 August.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Decreto-Lei n. 47344 - Aprova o Código Civil.