Portuguese Civil Code
since 1967
The current Portuguese Civil Code (Portuguese: Código Civil) was approved on 26 November 1966 and entered into force on 1 June 1967. It replaced the previous Portuguese Civil Code of 1868.
Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela, which is why it is often referred to as "Varela's Civil Code" as opposed to "Seabra's Civil Code", the previous Civil Code of Portugal which preparation commission was presided over by the Viscount of Seabra and entered into force precisely one century before the new code was enacted in 1967.
However, due to Professor Vaz Serra's important contributions, the Portuguese Civil Code is often also referred to as "Vaz Serra's Civil Code", specially by authors from the Faculty of Law of the University of Lisbon.
Structure
The Code adopted the German classification of areas of Civil Law, following the BGB, and is divided into 5 main parts (or "books"):
the General Part (Parte Geral), Sections 1 through 396, comprising regulations that have effect on all the other four parts and on Private Law in general, such as sources of law, legal interpretation, personhood, legal capacity, emancipation of minors, declarations of will, rescission, formation of contracts, limitation periods, and agency.
Law of Obligations (Direito das Obrigações), Sections 397 through 1250, describing contractual obligations and all other sources of civil obligations, including torts, unjust enrichment and negotiorum gestio.
Property Law (Direito das Coisas), Sections 1251 through 1575, describing possession, ownership, other property rights (e.g. servitudes), and how those rights can be transferred.
Family Law (Direito da Família), Sections 1576 through 2023, describing marriage, marital property schemes, legal guardianship, and other legal relationships among family members.
Inheritance Law (Direito das Sucessões), Sections 2024 through 2334, which regulates what happens to a deceased's estate, as well as the law of wills and contracts concerning succession (pacta successoria).
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