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Decree-Law No. 47344 approving the Civil Code and regulating its application.

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Type of law
Legislation
Date of original text
Date of latest amendment
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Abstract
The Civil Code was adopted on 25 November 1966 and successively amended several times up to Law No. 8/2022 of 10 January 2022.
The Code is divided into five Books, as follows: Book I on General Part; Book II on Obligations; Book III on Rights of Possession; Book IV on Family Rights; Book V on Heritage and Succession Rights.
PROPERTY AND REAL RIGHTS. The Code 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.
OBLIGATIONS AND CONTRACTS. Book of the Civil Code firstly contains the general provisions that apply to all types of obligations (contractual and non-contractual) and further regulates the principles on contracts in general (arts. 405-456) and non-contractual obligations (unilateral promises, unjustified enrichment and torts, among others). Some of the contracts specifically regulated by articles 874 and subsequent articles are the sale, the exchange, the lease, the deposit, the loan.
INHERITANCE. Book V refers to general principles governing inheritance, particularly through succession rights, will and legacy. Succession representation occurs when the law calls the descendants of an heir or legatee to occupy the position of the one who was unable or unwilling to accept the inheritance or legacy.
WATER. The Code 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 Code includes general principles governing exploration and mining activities. See in particulat article 1348 on 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.
Notes
Last amended up to Law No. 8/2022 of 10 January.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Decreto-Lei n. 47344 - Aprova o Código Civil e regula a sua aplicação.