The Portuguese Civil Code, 1867

The project of the Civil Code, which is a part of the present law, is hereby approved. The Civil Code approved by the Charter of law dated 1st July 1867, is extended to the overseas provinces, along with the regulations of the Council on tutelage and divorce causes, dated 12th March 1866 and of Registration of properties dated 14th May of the same year. Only man is susceptible to rights and obligations. This constitutes his juridical capacity or personality.

The provisions of the said Code shall come into force in the entire continental territory of the Kingdom and adjacent islands, six months after the publication of the present law in the Gazette of Lisbon. The Code as well as those regulations shall come into force, regardless of their publication in respective Official Gazettes, in all overseas provinces with effect from 1st July, 1870 and the same day is deemed equally as its publication in the overseas territories for all purposes, with the modifications contained in this decree. Sole Paragraph: The Ministry of Navy and Overseas shall remit to the Governors of the overseas provinces, copies of the Code and of respective regulations to the officials who are entrusted with the work of distribution of the Gazettes. Right means the moral faculty to do or not to do certain acts and duty or obligation the moral need to do or not to do certain acts.

For all the purposes foreseen in the same Code the date of promulgation, shall be the date on which the Code shall come into force in terms of preceding article. The transitory legislation over the slaves, who have been given freedom by the decree dated 25th February last, shall continue in force. If the rights and duties are confined to mutual relations amongst the citizens themselves as private persons or between citizens and the State in matters of property or of purely individual rights, these rights, and obligations constitute the civil capacity of citizens, they are known as civil rights and obligations and are regulated by the private law contained in the Civil Code with the exception of matters which are regulated by special law.

All the provisions of the Civil Code, the implementation of which absolutely depends upon the existence of public offices or other institutions, which are not yet created, shall be binding only from the time such institutions function. The marriage performed as per religious rites amongst non-Catholics, shall have civil effects which the Code recognizes to the catholic marriage and civil marriage. These rights and obligation originate:- 1. From the very nature of man. 2. From one’s own factum and will irrespective of the co-operation of another. 3. From one’s own factum and will and that of another jointly. 4. From the factum and will of another. 5. By mere provision of law.

From the time the Civil Code comes into force, all earlier legislation dealing with matters which the said Code covers shall stand revoked, whether this legislation is general or special. The registration of ownership shall continue to be mandatory in the overseas, as it was as per Article 10 of the Code of Property credit, approved by decree dated 17th October, 1865. Civil Law recognizes and specifies such rights and corresponding duties; ensures and protects the enjoyment of rights and the performance of duties; lays down the circumstances in which a citizen may be disabled from exercising rights and the manner in which such disability may be overcome.

All the modifications to the law, which are made in the future on matters contained in the Civil Code, shall be considered as being part thereof and inserted at the proper place, whether by replacement of the altered articles, or by deletion of repealed articles or by adding those which are necessary. All the provisions of the Civil Code, the enforcement of which is dependent absolutely on the existence of law offices or other institutions which have not been created, shall be effective only when such offices start functioning. Juridical capacity is acquired by birth; but an individual, as soon as conceived, comes under the protection of law, and is treated as having been born for the purposes mentioned in this Code.

A commission of jurists shall be entrusted by the Government, during the first five years of the implementation of the Civil Code to receive all representations, reports from the Courts and any observations, concerning improvements of the said Code and to the solving of difficulties which may arise in the implementation of the same. This Commission shall propose to the Government any measures which, for the purpose indicated, appear to it necessary or convenient. The Official Gazettes of the overseas provinces shall be substitutes of the “Gazettes of Relação” for the purpose of all publications referred to in the Code. The Civil law is the same for all, and makes no distinctions between persons, sexes, except where specifically provided.

The Government shall frame regulations necessary for the implementation of the present law. From the date the Civil Code comes into force, all the legislation contrary to that covered by the Civil Code shall stand repealed. Paragraph 1 : The repeal shall not effect:- (a) In India the usage and customs of the New Conquests and of Daman and Diu, compiled in respective codes and which are not contrary to moral or public policy. (b) In Macau, the usage and customs of Chinese in the causes within the competence of the Procurator of Chinese affairs. (c) In Timor, the usage and customs of indigenes in relation to dispute between them. (d) In Guinea, the usage and customs of gentiles known as grumetes in relation to disputes between them. (e) In Mozambique, the usage and customs of Baneanes, Bhatias, Parsis, Muslims, gentiles and indigenes in relation to disputes between them. Paragraph 2 : Wherever the parties mentioned in the preceding paragraph opt for the application of the Civil Code, the same shall be applicable. Paragraph 3 : The Governors of the overseas provinces shall start codifying the usages and customs saved and not codified and shall submit the draft for the approval of the Government. Civil law does not have retroactive effect. Interpretative law is excepted, the same is applied retroactively, except where this application results in violation of acquired rights.

The Government is empowered to extend the Civil Code to the overseas provinces, after hearing competent agencies and after making modifications, which are required by special circumstances of the provinces. A committee of legal advisors shall be entrusted by the Government, for a period of five years from the date of the commencement of the Code, with the task of receiving all the representations, views of the Courts and any other suggestions relating to the improvement of the same Code, and for the solution of the difficulties which may arise in connection with execution of the Code. Such committee shall propose to the Government any other measure which it deems fit for the above purpose. None may exempt himself from following the obligations imposed by law on the pretext of ignorance of the same or of its disuse.

All the legislation to the contrary stands revoked. The Government shall frame regulation necessary for the implementation of the present decree. Acts carried out in violation of the provisions of the law whether prohibitive or preceptive, result in nullity, except in cases in which the said law directs the contrary. § Sole paragraph - This nullity may however be condoned with the consent of the interested parties if the law violated is not in the domain of public interest or public order.

All the legislation contrary to the same shall stand repealed. A law which lays down an exception to the general rules of law cannot be applied in cases not specified in the said law.

Every law which recognizes a right renders lawful the means indispensable for its exercise.

Whoever, in accordance with the law, exercises his right shall not be liable for damages which may result from the exercise of the same.

Whoever in exercise of his own right, seeks advantages should in case of conflict and in absence of specific provisions concede in favour of whoever intends to avoid losses.

In case of concurrence of rights which are equal or of the same nature the interested parties shall reciprocally relinquish that which is necessary to ensure that these rights produce their effect without greater detriment to one party than to the other.

Where the questions relating to rights and obligations cannot be resolved, either by the text of the law or by its spirit, nor even by analogous cases, envisaged in any other laws, they shall be decided on the principles of natural law according to the circumstances of the case.

Only Portuguese citizens may enjoy to the full extent all the rights which the civil law recognizes and secures. * Section 1(4) particularly sub-clause (d) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 is a modification of this provision.

The following are Portuguese citizens: 1. Those who are born in Portuguese territory, of Portuguese father, or of Portuguese mother being illegitimate issues; 2. Those who are born in Portuguese territory of a foreigner father, provided he his not in the service of his nation, unless they declare, by themselves, being majors or emancipated, or through their legal representatives, being minors, that they do not want to be Portuguese; The following are Portuguese citizens: 1. Those who are born in Portuguese territory, of Portuguese father, or of Portuguese mother being illegitimate issues; 2. Those who are born in Portuguese territory of a foreigner father, provided he his not in the service of his nation, unless they declare, by themselves, being majors or emancipated, or through their legal representatives, being minors, that they do not want to be Portuguese; 3. The issues of Portuguese father, though expelled from Portuguese territory and illegitimate issues of Portuguese mother, born in a foreign country who come to establish domicile in Portuguese territory, or who declare by themselves, being majors or emancipated, or through their legal representatives, being minors, that they want to become Portuguese; 4. Those who are born in the Portuguese territory of unknown parents or of unknown nationality; 5. Those who are born in foreign territory, of Portuguese father, who resides there in the service of the Portuguese nation; 6. A foreign woman who gets married to a Portuguese citizen; 7. Foreigners who have been granted naturalization. § 1 - The declaration prescribed by the second clause shall be made before municipality of the respective residence; and that prescribed by the third clause shall be made before respective Portuguese consular agents or competent foreign authority. § 2 - The minor, upon attaining majority or being emancipated, may by way of new declaration object to the declaration which, during his minority, was made by his legal representative, in accordance with the second clause. § 3 - A Portuguese citizen who by any chance is deemed to be national of another country, as long as he resides in such country, is debarred from claiming the status of a Portuguese citizen.

The Government may grant a certificate of naturalization to the foreigners who so apply at the municipality of their residence, if found to satisfy the following conditions: 1. They are major or deemed as major, both by Portuguese law as well as by the law of their country; 2. They are able to earn a salary through their labour or have other means of subsistence; 3. They have resided at least for three years in Portuguese territory; 4. They are free from Penal liability; 5. They have fulfilled the law of military recruitment of their own country. § 1 - The signature on the application referred to in this article requires to be authenticated. § 2 - The third condition is not essential to the descendants of Portuguese blood who have come to be domiciled in the country and may be dispensed with in case of a foreigner married to a Portuguese wife, and to one who has rendered or has been called to render any relevant service to the Nation which justifies the exemption. § 3 - The fourth condition is proved by a certificate of the country of the origin of the foreigner who applies for naturalization and by a certificate of his criminal record in Portugal. § 4 - Besides the documents mentioned above, only those which may be prescribed by treaty or convention between Portugal and the country of the person who applies for naturalization, may be demanded. § 5 - The documents are not subject to law of stamp duty and the Government may dispense them and substitute them by other information supplied by competent institutions, authorities and functionaries.

The foreigner who has been granted naturalization shall not hold public office of any nature nor exercise functions of supervision or control of Companies or other entities dependent on the State through contract, or subsidized by it, till the expiry of at least ten years from the date of the grant of naturalization. § Sole paragraph - During the same period the foreigner who has been granted naturalization shall be subject to same restrictions which apply to the foreigners in respect of acquisition and holding of assets.

The certificates of naturalization shall have effect only when they are registered within the period of six months, from the date of the grant, in the records of municipality of the taluka where the foreigner has established his domicile.

The status of a Portuguese citizen shall be lost by: 1. By one who obtains naturalization of a foreign country. He may, however recover this status, by returning to the kingdom, with the intention of taking domicile therein and so declaring before the municipality of the place, chosen by him for his domicile; 2. By one who, without permission of the Government, accepts public employment, largesse, pension or honours from any foreign government. However there can be rehabilitation by special permission from the Government; 3. When he is expelled by an order, until the effects of the order lasts; 4. A Portuguese woman who marries a foreigner, save where she is not by reason of this fact naturalized, according to the law of the country of the husband. However, after the dissolution of the marriage, she may reacquire her former Portuguese citizenship by complying with the provision of 2nd part of clause 1 of this article. § 1 - The acquisition in a foreign country, of citizenship by naturalization by a Portuguese husband, married to a Portuguese wife, does not imply the loss of the status of Portuguese citizen by the wife, except where she declares that she desires to follow the citizenship of her husband. § 2 - In the same manner the acquisition in a foreign country of citizenship by naturalization by a Portuguese husband even though married to a woman of foreign origin, does not imply the loss of status of Portuguese citizens by the minor children born before the time of naturalization; except where after attaining majority or emancipation they declare that they desire to follow the nationality of their father.

The persons who regain the status of Portuguese citizens in accordance with the preceding article, may avail of this right only from the date of their reinstatement.

The Portuguese subjects who travel or reside in a foreign country, remain subject to Portuguese laws concerning their civil capacity, their status and their immovable property situated in the kingdom, in respect of acts which will produce effects therein: however, the external form of the acts shall be governed by the law of the country, where they are celebrated, except in cases where the law expressly provides to the contrary.

The Portuguese subjects who contract obligations in foreign countries may be sued in the kingdom by the nationals or the foreigners with whom they were contracted; in case they have domicile therein.

The foreigners, who travel or reside in Portugal, have the same civil rights and obligations as the Portuguese citizens regarding the acts which shall produce their effects in this kingdom; except in cases in which the law expressly provides to the contrary, or, where there exists special treaty or convention which determines and regulates their rights in another form.

The status and civil capacity of foreigners shall be regulated by the laws of their country.

[Repealed] Foreigners found in this kingdom, may be sued before Portuguese courts, in respect of obligations contracted by them with the Portuguese subjects in a foreign country.

[Repealed] So also foreigners may be sued by other foreigners before Portuguese courts, in respect of obligations contracted within the kingdom if they are found therein.

The provisions of the two preceding articles, is to be observed without prejudice to the provisions of the last portion of article 26.

The judgments passed by the foreign courts in respect of civil rights, between foreigners and Portuguese subjects, may be executed in the Portuguese courts in accordance with the terms prescribed in the Code of Procedure.

Legal or Juridical persons are associations or corporations, temporary or perpetual, formed for a purpose, or for any reason of public utility, or of public and private utility together, and which in their civil relations constitute one juridical entity.

No association or corporation is entitled to represent such juridical entity if not legally authorised.

The associations and corporations, enjoying the status of juridical entity may enjoy all civil rights in respect of legitimate interests of the institution.

Perpetual associations and corporations of public utility may acquire immobile assets gratuitously; but they are liable to pay the tax on transfer or succession for every period of thirty years.

§ 1 - What is provided in the second part of the body of the article does not apply to immovable assets which are indispensable for the purposes of performance of the duties of the associations or corporations, which may be acquired for consideration.

§ 2 - For the purpose of this article, following associations or corporations shall be deemed as perpetual:- 1. Those which are created for unlimited period; 2. Corporations or associations, though of limited duration, which do not have pecuniary interests.

Where any corporation or association referred to in the preceding article, is dissolved on whatever ground, its assets shall be incorporated in the assets of the State when any special law has not given any other different destination :-

§ Sole paragraph - However, the clauses whereby the founders or benefactors of any legal person stipulate the mode of disposal of assets in case of dissolution, are valid.

The State, the colonies, the provinces, the talukas, the villages and any administrative corporations and foundations or establishments of beneficence, as well as associations or institutions of the churches, in respect of exercise of respective civil rights, are deemed to be collective persons, save as otherwise expressly provided.

Neither the State, nor any corporations or public establishments, enjoy the privilege of restitution in full.

The associations of private interest are governed by the rules in the respective Articles of incorporation.

The exercise of civil rights and performance of civil obligations are regulated in different cases envisaged by law, by the domicile of the citizen.

Domicile is the place, where the citizen has his permanent residence.

§ Sole paragraph - In relation to corporations or associations, their administrative headquarters takes the place of the residence.

The domicile may be voluntary or compulsory: voluntary is that which depends upon the choice of the citizen; necessary is the one attributed by the law.

When a citizen has different residences, where he lives alternatively, he is deemed to be domiciled where he is found except when he has declared before the Municipality that he prefers one of them.

A citizen may change his domicile, whenever he desires, by declaration of the fact before the Municipalities, from which and to which the change is made.

§ Sole paragraph - Such declaration shall have effect, provided that the transferor has set up his residence in the taluka shown by him.

The citizen who does not have permanent residence, shall be deemed to be domiciled at the place where he is found.

Citizens may stipulate a specific domicile for the performance of particular acts, which are not subject to a specific domicile under the law, this being done through authentic or authenticated document; however, such choice cannot be left to the discretion of another person.

§ Sole paragraph - In the event of death of any such party, the agreement will have effect in relation to the heirs, there being no declaration to the contrary.

Minor children not emancipated have as their domicile, the domicile of their father or mother, under whose control they are, and in their absence or legal impediment, that of the guardian.

Majors, subject to guardianship, have as their domicile that of their guardian.

Married woman has as her domicile, that of the husband, if she is not judicially separated as regards person and assets, save for what is provided in 2nd paragraph of Article 53.

Majors or emancipated minors who habitually work in the house of others, have as their domicile that of the person to whom they render service, where they live with him, save for the provisions of the two preceding Articles.

Public servants, who exercise their employment at a particular place, have their necessary domicile at that place. The domicile is determined by holding of the charge of the employment or by the exercise of respective functions.

§ Sole paragraph - Where the services are not rendered at particular place, the provisions of the preceding chapter shall apply to ascertain the domicile of the employee.

The enlisted soldiers have domicile at the place where the unit to which they belong is posted. The domicile of the non-enlisted soldiers is at the place where they are on duty, if they do not have any permanent establishment or residence; in which case their domicile will be there.

§ Sole paragraph - The sailors who are on board warships are deemed to have their domicile at Lisbon. Those who belong to commercial ships or coastal boats, have their domicile at the places to which the said ships or boats belong, if, for any other reason, they do not have a different domicile.

Those convicted to undergo imprisonment, exile, or deportation have their domicile at the place where they are undergoing the penalty imposed; save with reference to the obligations contracted prior to the commission of the offence, in relation to which they retain the previous domicile, if any.

§ 1 - The convicted not yet transferred to the place where they have to undergo imprisonment, shall have as their domicile where they are detained.

§ 2 - The wife and children of the person convicted to undergo imprisonment who do not accompany the husband to the place where the penalty is to be undergone, do not have the domicile of the husband and of the father, but their own, in accordance with the norms prescribed in the preceding articles.

The necessary domicile ceases from the time the fact on which it depends comes to an end.

Where any person disappears from the place of his domicile or residence, his whereabouts being unknown, and without having appointed any attorney, or anyone who may legally administer his assets and it becomes necessary to take measures in this regard, the competent court shall appoint a curator for him.

§ 1 - The court of the domicile of the absentee shall have jurisdiction for such purpose.

§ 2 - The provisions of the preceding paragraph will not prevent the taking of preventive measures which may be indispensable at any other place, where the absentee has assets.

The Public Ministry and all those who have interest in the preservation of the assets of the absentee are competent to apply for the aforementioned curatorship.

In the matter of selection of the curator, the judge will give preference to the presumptive heirs and, in their absence, to those who have greater interest in the preservation of the assets of the absentee.

The appointed curator shall receive the assets of the absentee through inventory and shall furnish sufficient security for the value of the movables and the net income of the immovable assets for one year. § Sole paragraph – When the appointed curator is unable to furnish the security as above, the judge shall order the deposit of the movables which can be usefully preserved and the remaining shall be sold in auction and the proceeds thereof as well as other funds shall be invested in securities which offer sufficient security.

The powers of the provisional curator are confined to acts of mere administration, of which he shall render accounts annually but the curator shall institute suits of conservatory nature, which cannot be delayed without detriment to the absentee; besides he is empowered to represent the same absentee in any suits which may be instituted against him.

Where it is necessary to bring a suit against an absentee, who does not have a curator or any legal representative, a special curator will be appointed for him, who shall defend the interests of the absentee in the suit.

The provisional curator shall have five percent of the net income realized.

The Public Ministry is entrusted with the task of looking after the interests of the absentee, and he shall always be heard in all judicial acts concerning the absentee.

Provisional curatorship ends: 1. By the return of the absentee, or by the certainty of his existence; 2. By the appearance of duly authorized attorney or person who legally represents the absentee; 3. There being certainty about the death of the absentee; 4. By institution of definitive curatorship.

After the lapse of four years from the time the absentee absented himself, without there being knowledge of his where-abouts, or from the date one last heard about him, his presumptive heirs, at the time of his absence or at the time one last heard about him, either legal or appointed in the will, or, they being dead, their representatives, upon the declaration of absence with the assistance of Public Ministry, may apply for delivery of the assets of the same absentee, except where he has appointed lawful attorney; in this case delivery can be asked only after the lapse of 10 years from the date the said absentee absented himself or from the date of the last news of him. § 1 - The heirs, however, may apply, after the lapse of 3 years, in the aforesaid manner, that the attorney may furnish adequate security, in the event there is an apprehension of insolvency; and when the latter is not in a position or is not willing to furnish security, order will be passed putting an end to the power of attorney. § 2 - When the power of attorney comes to an end, in terms mentioned in the preceding paragraph or due to any other cause, the assets shall be put under the regime of provisional curatorship, in accordance with Article 55 onwards, till the completion of period of 10 years referred to in this Article, save for the provisions of Article 63.

The judgment, which grants definitive curatorship, shall not be delivered unless the absentee is served with a notice by substituted service with anticipation of six months in the Official Gazette and by affixation on the notice board of the Parish Church, of the place of his last domicile; it shall not be executed until the expiry of four months from the date of publication of the judgment which shall be done in the same manner as directed for substituted service. § Sole paragraph - Such publication shall be done by extract, accuracy of which shall be verified by the Judge, who, after being satisfied about its correctness, shall initial it.

Where the absentee has left a closed will, the Judge, shall before the delivery of the judgement, direct the opening of the said will so that the same may be given due consideration and grant the curatorship in accordance with it.

Once the definitive curatorship is granted, the legatees as well as all who, upon the death of the absentee would have a certain right to some part of his assets may apply that the same part be delivered to them. § Sole paragraph - Within the time declared in Article 64, the interested parties, referred to in this article, may apply for delivery of the assets to which they have right, provided that a legal declaration of the absence is made as mentioned above.

Where even after the grant of curatorship, any heir appears who, as per order of succession, excludes the one who was appointed curator, he may use adequate remedies to have the appointed curator removed from the curatorship and to have the curatorship granted afresh to whom it belongs.

The assets of the absentee may be handed over only to the heirs and other interested parties, after inventory and furnishing of adequate security.

Where the heirs or interested parties do not furnish the security as aforesaid, the provisional administration of the assets of the absentee shall be continued during the period for which security is required; but it will be lawful for them, upon proof of their lack of means, to apply that half the income they would have had if they had taken charge of the said assets, be adjudicated to them.

The definitive curators may demand the delivery of all the assets and exercise the rights which the absentee could have exercised upto the time he disappeared or upto the date of the last news of him.

The assets and rights which eventually accrue to the absentee from the time he disappeared without there being knowledge of his whereabouts and from the time one last heard of him and which depend on the fact of his existence, shall pass to those who would have the right to his succession if he was dead. § 1 - In such cases, the definitive curators or, in their absence, the Public Ministry, only have the right to apply that such assets be listed by inventory and those who are holding the assets or have taken the delivery of the same assets be directed to furnish adequate security, which shall last for a period of ten years only from the time the assets were taken by them. § 2 - The right of the absentee to such assets shall lapse only in accordance with the general rules of prescription; but those who have taken the delivery shall appropriate the income collected by them in case of restoration, provided the enjoyment was in good faith.

The definitive curators and other interested parties may, save as provided in the preceding article, appropriate from the time of delivery of the respective assets, one-fourth part of the income from the same, in the event the absentee or his heirs appear within a period of ten years from the time of disappearance of the same absentee or from the time one last heard of him; and if they appear within a period of ten to twenty years, they may appropriate half of it. If twenty years have passed, they may appropriate the entire income.

The definitive curators may demand accounts from provisional curators, if they themselves were not provisional curators or The definitive curators may demand accounts from provisional curators, if they themselves were not provisional curators or where the accounts have not been duly rendered; in addition they may receive the fruits and the income of the earlier administration and they may sue and be sued as legal heirs of the absentee.

The definitive curators are not bound to render accounts of their administration, except to the absentee or his heirs if they have been declared as such.

The definitive curators shall not alienate the immovable assets, except where by any other manner they are unable to pay the debts of the absentee, avoid deterioration and damage of any property, pay for necessary or useful improvements which the assets of the absentee require or meet other urgent necessity. § Sole paragraph - In such cases prior permission of the competent Court will be necessary and the sale shall be done in public auction with the intervention of the Public Ministry.

The said curators shall not, equally, enter into a compromise without permission from the Court, nor renounce and inheritance which might have accrued to the absentee before his disappearance or from the time one last heard of him, but, they shall accept it under the benefit of inventory.

The definitive curatorship comes to an end: 1. Upon return of the absentee; 2. Upon receipt of the news of his existence; 3. Upon certainty of his death; 4. By lapse of 20 years; 5. When the absentee attains 95 years of age. § Sole paragraph – In the case of Clause 2 the definitive curators shall be considered provisional as long as the absentee or someone who legally represents him does not come back.

In any of the last three cases referred to in the preceding article, the heirs and other interested parties stand discharged of the security which they might have furnished and they may alienate the assets of the absentee as their own.

Where, after 20 years of absence, or after completion of 95 years, the absentee returns or his descendants or ascendants come forward, he or they shall have only the existing assets, in the state in which they are, those substituted in their place, or the price which the heirs and other interested parties might have received for those which were alienated after that time. § Sole paragraph - Such right granted to the descendants and ascendants, prescribes after the lapse of ten years from the time of definitive curatorship.

When other heirs, who are not those mentioned in the preceding article, come forward, they may only demand the assets of the absentee if the period of twenty years declared in Article 78 Clause no.4 has not lapsed.

Where the absentee is married, after a declaration of his absence, on the terms laid down in the preceding chapter, proceedings for inventory and partition or separation of assets, with summons to the presumed heirs, shall be proceeded with, according to the nature of the matrimonial contract.

Where the absentee has left no issues, the non-absentee spouse retains the administration of the full matrimonial estate for a period of twenty years, reckoned from the time of disappearance or when one last heard of him, or for the period necessary for attaining the age of ninety-five years in accordance with the provision of Article 78 Clause 5.

The non-absentee spouse may alienate freely his/her assets after inventory, partition and separation of assets.

The non-absentee spouse has, in respect of assets of the absentee, the same rights and obligations as the definitive curators, with the special attribute that all the fruits and income belongs to him/her.

When the absentee spouse returns, before the expiry of the period mentioned in Article 83, the matrimonial society shall continue on the terms on which it was constituted.

Upon expiry of twenty years or on completion of the age mentioned in Article 78 Clause 5, or there being certainty of the death of the absentee, the qualified heirs may take charge of the assets of the same absentee and dispose them without restriction. § Sole paragraph - The administrator spouse has, in such case, the right of subsistence in accordance with Article 1231.

In the event the non-absentee spouse dies, before the period laid down in the preceding article, the assets of the absentee shall be handed over in the same manner to his heirs, who will be deemed as definitive curators and the period of administration of the deceased spouse shall be duly taken into consideration.

In the event the absentee spouse returns after the expiry of the period prescribed in Article 83, he shall have all his assets in the manner declared in Article 80; but, where the non-absentee spouse is still alive, the communion of the estate if any, shall not be deemed as restored, except if the spouses so agree again by public deed. § Sole paragraph - To the ascendants or descendants who are successors of the absentee and who appear within the period mentioned in the present article, the provisions of Article 80 shall apply.

Where the absentee has left spouse and common issues, proceedings for inventory and partition or separation of assets shall be initiated in the same manner, with the only difference that the assets which come to the share of the absentee shall be sub-divided among the said issues.

Where the children are major or they get emancipated, they may take charge of the assets allotted to them and administer them as their own, but, they shall not be entitled to alienate them before the expiry of ten years from the time of disappearance of the absentee or from the date one last heard of him, except in cases specified and in the manner prescribed in Article 76 and its paragraph. § Sole paragraph - The assets likely to perish or to deteriorate and those whose maintenance is costly, may be alienated on those grounds, before the period prescribed, with prior permission from the Court. The sale proceeds shall be invested productively.

Where the children are minor, the provisions of Articles 137 onwards shall be followed in respect of the children as well as the assets allotted to them.

Where the absentee has left other children who are entitled to succeed him/her, whatever is prescribed in preceding articles shall be followed in respect of them.

Where the absentee returns after the expiry of the period prescribed in Article 91, he shall have only those assets which still exist in the hands of the children and those substituted in their place or purchased with the price of those alienated.

Where both the spouses disappear simultaneously or successively leaving major issues, the latter shall take charge of the assets of their parents, upon proof of absence, in terms of Article 64, and they will administer them freely in the manner agreed among them; but they shall not alienate them except in the cases and in the manner provided in Article 91 and its paragraph.

Where the issues are minor, inventory and partition shall be instituted, as if the absentees were dead, without prejudice to the provisions of the last part of the preceding Article.

Minors are persons of either sex until they attain the age of 21 years.

Minors are not legally capable of exercising civil rights, and their acts and contracts will not render them liable to any juridical obligation, except in the cases expressly provided by the law.

The contracts illegally executed by the minors are not, nevertheless, permitted to be challenged by the other contracting parties on the ground of incapacity of the minor.

The incapacity of the minors is made good by parental authority, and, in the absence thereof, by guardianship.

Children born from a marriage lawfully contracted, after one hundred and eighty days from the date of its solemnization, or within three hundred days subsequent to its dissolution or to the separation of the spouses, judicially decreed by judgment become final for want of appeal, are legitimate, save for what is laid down in the following paragraph. § Sole paragraph - Upon the divorce or separation of persons and assets being decreed, on the grounds of complete abandonment of the conjugal home or of absence without any news or of de facto separation freely consented, for the length of time fixed in the law respectively, the period of the second part of this article shall be counted from the date, as found proved in the judgement, on which the co-habitation ceased; and in the case of judicial custody of the wife, from the date of such custody.

The legitimacy of the child, born within one hundred and eighty days subsequent to the solemnization of marriage, shall not however be challenged: 1. In the case the husband before marrying, had knowledge of the pregnancy of the wife; 2. In case being personally present, he consented that the child be declared as his child in the certificate of birth, or in case, in any other manner, he acknowledged that the child so born was his.

The presumption of the legitimacy of children born during the marriage, after a lapse of one hundred and eighty days from the date of its solemnization or within three hundred days subsequent to its dissolution or to the separation of the spouse, may be rebutted only upon proof that the husband was physically unable to co-habit with the wife during the first one hundred and twenty-one days or more, out of the three hundred, preceding of the birth of child.

The presumption that the child born after three hundred days subsequent to the separation of the spouses is not of the separated husband, may be rebutted upon proof that the said child really is of the husband. § Sole paragraph - Such proof may be made in the manner established in Article 119, Clauses 1 and 2 and paragraphs 1 & 2.

The impotency of the husband prior to the marriage shall not be a ground to contest the legitimacy of the child; however, the subsequent impotency may be a ground, provided that the allegation is not based on old age.

The legitimacy of the children may be contested only by the father or by his heirs, in terms of the following Articles.

The father may contest the legitimacy of the children in the cases permitted by the law, by instituting a suit in the Court, in case he is at the place of birth, within sixty days from the birth, and in case he is not there, within one hundred and twenty days from the date of his return. § Sole paragraph - In case the birth of the child has been hidden from him, he may institute the suit within one hundred and twenty days from the date on which he became aware of the fraud.

The heirs of the husband may challenge the legitimacy of the children, born during the subsistence of the marriage only: 1. In case the said husband, being present, instituted the competent suit and did not withdraw the same; 2. In case he died before the expiry of limitation fixed for institution of the suit; 3. In case the child was born after the death of the husband.

The suit on the part of the heirs becomes barred by limitation after the expiry of sixty days from the date on which the child has taken charge of the properties of the presumed father or from the date on which the heirs have been disturbed in the possession of the inheritance by the said child.

For legal purposes, a child is one who is proved to be born alive and with human figure.

The right of the legitimate children to vindicate the status held by them is not subject to prescription.

The heirs of the children may continue the suits for vindication of status which are pending; but they may institute fresh suits only if the child has died or become of unsound mind before the expiry of four years from its emancipation or majority, and having died in such state. § Sole paragraph – Such suit becomes barred by limitation after the expiry of four years from the day of death of the child.

In all the cases in which the presumption of legitimacy of the child has been challenged in the Court, in case the child is minor, a tutor shall be appointed, selected from among the relatives of the mother, if any; and the mother shall always be heard in the Court. § Sole paragraph – The appointment of the tutor shall be made by family council, the same being constituted of relatives of the mother, or of persons of her friendship, in the absence of the former.

Legitimate filiation is proved by the birth registration records, in their absence, by any other authentic document, and, in the absence of the latter by documentary or oral evidence, that the child has possessed such status.

Possession of status, in this case, consists, in the fact of someone having been held and treated as the child, both by the parents as well as by their families and by the public.

In the absence of registration of birth, authentic document and living in such status, legitimate filiation may be proved by any other evidence, there being an initial written proof arising from both the parents, jointly or severally.

No one is entitled to vindicate the status contrary to that resulting from the registration of birth, when the latter are confirmed by the living in such status; as well as no one is entitled to challenge such status.

The vindication of the status may be contested by documentary or oral evidence.

Marriage legitimates the children, born before it, from the persons who contract the same. 1. By recognition of the said children by their parents in the records of marriage registration, or if they have been so acknowledged, in the birth records of the same children, or in the public will or deed, either before or after the marriage. 2. In case the children prove their filiation by way of suit and judgment. § 1 - The recognition referred to in Clause I may be challenged by all those who are interested therein. § 2 - Articles 130 and 133 are applicable to the suits dealt with in Clause 2. § 3 - In all cases, the effects of legitimation begin from the date of marriage.

Legitimation benefits not only the children, but also their descendants, in case the said children are not living.

The children legitimated by subsequent marriage are treated as legitimate children for all purposes.

All the illegitimate children may be legitimated, except: 1) The adulterine children; 2) The incestuous children. § 1 - Adulterine children are those born to any person, married at the time of conception, from another who is not his/her spouse. § 2 - Incestuous children for the aforesaid purpose mean: 1) The children of relatives by consanguinity or affinity in any degree in direct line; 2) The children of relatives by consanguinity upto the second degree inclusive in the collateral line.

The legitimation may be made by both the parents by common agreement or by any of them separately, provided that the same is made in the registration of birth or in public deed, will or public indenture.

Whenever the father or the mother effects the recognition separately, they shall not disclose in the document of legitimation the name of the person from whom they got the legitimated child, nor mention the circumstances whereby such person could be known.

For such legitimation, being made by one of the parents separately, it is enough that the one who legitimates is competent to contract marriage during the first one hundred and twenty out of the three hundred days, which preceded the birth of the children.

The child who is major of age shall not be legitimated without its consent.

In case the legitimated child is minor, it may challenge the legitimation within four years from its emancipation or majority.

The recognition by the father or the mother, as well as the challenge by the child, may be contested by all those who have interest therein.

The children legitimated voluntarily or by judgment acquire the following rights: 1) To use the surname of their parents; 2) To be maintained by them; 3) To succeed to their ascendants or to have a share in the inheritance in accordance with the provisions of Articles 1989 and 1992.

A suit for investigation into illegitimate paternity is prohibited, except in the following cases: 1) If there is a writing of the father, in which he expressly assumes the paternity; 2) In case the child is found to be in possession of the status, in terms of Article 115; 3) In the case of violent rape or kidnapping, if the time of birth coincides, as indicated in article 101, with the time when the criminal act was committed.

A suit for investigation into maternity is permitted; but the child has to prove, by any of the ordinary means that he or she is the same who claims to be born of the purported mother.

A suit for investigation into paternity or maternity is not, however, admissible in court in cases in which acknowledgment of the child is forbidden.

A suit for investigation into paternity or maternity may only be instituted during the life-time of the purported parents, save for the following exceptions: 1. If the parents expire during the minority of the children, because, in this case, they have the right to institute the suit, even after the death of the parents, provided they do it before the expiry of four years from their emancipation or majority; 2. If the child obtains, again, a document written and signed by the parents, in which these reveal their parenthood; because, in this case, they may file the suit at any time when they find the said document; without prejudice to the general rules regarding prescription of assets.

Children which may not be legitimated by recognition are called spurious children.

Spurious children only have the right to demand from their parents the necessary maintenance; in everything else they are taken as complete strangers to their parents or to their families.

A spurious child may sue his parents for the above purpose the factum of paternity or maternity is proved in civil or criminal proceedings controverted between the parents or other parties; or in the case covered by sub clause (3) of Article 130, if the fact has been judicially proved.

It is for the parents to govern the persons of their minor children, to protect them and to manage their assets; the aggregate of these rights constitutes what is called parental authority.

Mothers take part in parental authority and must be heard in all that concerns the interests of the children, but it is especially up to the father, during marriage, as head of the family, to represent and defend his minor children, both in and out of court.

In case of absence or of other impediment of the father, the mother replaces him.

Parents must provide their children with the necessary maintenance and suitable occupation, in accordance with their means and status.

The authority of the parents, regarding the persons of their minor children, is not subject to any preventive control; but, in case of abuse, the parents may be punished, in accordance with the general law, and prohibited from governing the persons and property of their children, at the request of relatives or of the Public Ministry. § Sole paragraph - If the father has been prohibited from governing the minor’s person and property, a guardian or administrator shall be attributed to the minor, to be appointed by the family council.

Children must, at all times, honour and respect their parents, and, while they are minors, abide by all their instructions in so far as they are not illicit.

If the child is disobedient and incorrigible, his/her parents may resort to judicial authority, which will have him/her kept in the correctional home so destined, for the period it deems just, which shall not exceed thirty days. § Sole paragraph - The father has, however, the power to have the ordered detention ceased.

The parents shall have the rights of ownership and usufruct over the assets acquired by the children while the latter are in the company of the parents, if they were acquired using means or capital belonging to the said parents, notwithstanding the right to remunerate the children, by giving them a part of the said assets.

The parents shall have the right only to the usufruct over the assets acquired by the children, while they are in their company, through their own work, industry and resources, or by any gratuitous means.

Only parents shall have the right to the administration: 1. Of the assets gifted or left to the children with the exclusion of the usufruct of the parents; 2. Of the assets devolving by succession, and from which the parents have been excluded on account of indignity. However, this provision shall not include the spouse who was not debarred from succeeding on the grounds of indignity.

Parents shall have neither the right of usufruct nor the right to administer: 1. Assets acquired by the children through their own work and industry, living on their own with the permission of the parents; 2. Assets acquired by the children through military services, arts or liberal professions, whether or not they live in the company of their parents; 3. The assets gifted or left to the children, excluding the administration by the parents.

The charges on the parents’ rights of usufruct are:- 1. All those to which, in general, the usufructuaries are subject, with the exception of the furnishing of security; 2. Proper maintenance and education of the children in conformity with their condition and their means; 3. The payment of any installments due or claims in arrears upon the assets subject to usufruct. § Sole paragraph - The exception made to clause 1, concerning security, shall cease if the parents enter a second marriage.

The right of usufruct granted to the parents ceases: 1. On the attainment of majority or emancipation of the children; 2. When, on the death of any of the spouses, inventory proceedings have not been instituted within the period prescribed by law; 3. By renunciation. § Sole paragraph - The renunciation, made in favour of the son or daughter, shall be deemed to be a gift.

Parents may not alienate, mortgage or in any other way create claims upon the assets of the children if they are mere holders of the right of usufruct or mere administrators of the said property, except in case of urgent necessity, or of evident benefit to the minor, following judicial permission after hearing the Public Ministry.

If, during the exercise of parental authority, certain assets devolve upon the children, the parents, when the inheritance consists of movables of considerable worth, shall be bound to furnish security , if this is found necessary. § Sole paragraph - If the parents are unable to furnish the said security, the securities shall be deposited, or, at the request of the parents, shall be converted into other securities or placed productively, with the possible security, and the parents shall receive the income from the same.

Parents are not bound to furnish accounts for their management, save regarding the assets of which they are mere administrators. § Sole paragraph - This accounting shall be received by the respective judge, every four years, and the provisions of Articles 253, 254 and 255 shall be observed regarding their net result or debt.

If conflicts of interest arise between parents and minor children, the solution of which is dependent on a public authority, the children shall be provided a special guardian appointed by Court having jurisdiction to defend them.

Parents must surrender to their children, once these have become emancipated or have reached the age of majority, if they are not legally incapable due to other reasons, all the assets and income that belong to them, in the manner set out in the preceding articles. § Sole paragraph - The movable assets over which the parent holds the right of usufruct shall be returned in the condition in which it is found; if it no longer exists, the parent will pay its value, except if it was consumed in a use that was common to the said children, or if it perished by fortuitous circumstances.

When the marriage has been dissolved by the death of one of the spouses, the surviving spouse continues to exercise parental authority and must comply with the following provisions.

The surviving spouse shall institute within sixty days after the death of the other spouse, inventory proceedings for the assets that belong to the minor or that must be shared with him/her. § Sole paragraph - The spouse who fails to do so shall lose the right of usufruct over the child’s assets.

If, at the time of the husband’s death, the wife is found pregnant, she will let her condition be known to the competent judge of orphans at the latest twenty days after the said death, or as soon as she becomes aware of it, so that the judge may appoint a guardian at womb, who will temporarily be responsible for the assets that will belong to the unborn child. § Sole paragraph - This curatorship shall last only until the end of the gestation.

The curator of orphans shall promote the prosecution and conclusion of the inventory and shall make all necessary applications regarding the rights of the minors on penalty of losses and damages.

The father may appoint in his will one or more advisors, to direct and counsel the widowed mother in certain cases, or in all cases wherein the well being of the children so requires. § Sole paragraph - The father who, at the time of his death, was interdicted from exercising his parental authority shall not have this option.

Only individuals who are eligible to be appointed guardians may be appointed as advisors.

The mother who, to the detriment of her children, does not follow the opinion of the advisor appointed by the father, or who, in any other way, abuses her maternal authority, may be prohibited from governing the child’s person and assets by a decision of the family council, at the request of the said advisor, of the curator, or of any relative of the children. § Sole paragraph - In this case, the family council shall appoint a person to act as guardian to the children who are still minors, in accordance with Articles 185 onwards.

The mother who enters a second marriage shall lose the right to administer the asset of the children who are still minors, referred to in Article 146, unless the family council otherwise decides, but she will keep her maternal authority regarding the persons of the children. § Sole paragraph - The twice-wed mother who, by decision of the family council, keeps the right to administer these assets is obliged to give the security deemed necessary by that council, if it does not consider it convenient to dispense her from that obligation.

Where the remarried mother is permitted to continue to administer the assets of the children, in terms of the preceding article, the husband shall along with her be jointly responsible for the losses that may result from her management, even though he may be judicially separated or divorced, the damages being related to the period prior to the separation or divorce. § Sole paragraph - Where the mother is deprived from administering the assets of the children, the family council shall appoint a person, to take charge of such administration, with the same duties and rights that the guardians have in relation to the properties of the minors.

Where the mother becomes a widow once again, she shall recover the administration of the assets of the children, in case she had been deprived of the same.

In the case of annulment of the marriage, or of judicial separation, the provisions of the relevant sections shall be observed with respect to the children.

Minor children legitimated by recognition are subject to parental control, in the same manner as the legitimate children; except where the parents have contested their paternity, and the court decreed otherwise. The parents shall not enjoy, however, usufruct of the assets of the children legitimated by recognition. § Sole paragraph - In the case of the exception mentioned in this Article, a guardian shall be appointed for the minor, as per the provisions of Articles 279, 280, 281, where the other parent is unable to exercise parental authority.

Children who are still minors and have not been acknowledged are not subject to parental authority, and they will be subject to guardianship, as laid down in Articles 279 onwards.

Parental authority is suspended: 1. Due to the incapacity of the parents, judicially ascertained; 2. Due to the absence of the parents, in accordance with Article 82; 3. Due to a conviction of the parents involving a temporary interdiction in relation to that power.

Parents shall however, continue to have the right of usufruct over the assets of their child who is still a minor, in the case of a suspension of parental authority due to unsoundness of mind.

Parental authority is terminated: 1. Upon the death of the parents or of the children; 2. Upon emancipation or attainment of majority by the children.

Maintenance means all that is indispensable for subsistence, lodging and clothing. § Sole paragraph – Maintenance also includes the education and instruction of the beneficiary of maintenance, if the same is a minor.

The duty to pay maintenance is reciprocal between descendants and ascendants and between siblings, on the following terms.

In the absence of parents, or if they do not have the means to provide the due maintenance, or if those means are insufficient, legitimate or legitimated children may request maintenance from their closest ascendants of any line of descent, in accordance with their rights of succession.

In the absence of parents and of other ascendants, legitimate or legitimated children may request maintenance from their legitimate, full blood, uterine or consanguine siblings, but only subsidiarily and in the order herein indicated.

Acknowledged children may only request maintenance from their fathers or mothers and from their siblings, in accordance with the rule established in the preceding article.

The obligation to pay maintenance is passed on together with an inheritance, if maintenance has been requested in a court of law or has been voluntarily given through an authentic or authenticated document.

Legitimate children without a father, mother, grandparents or siblings who may provide them with maintenance, will receive maintenance until the age of ten from any other relatives up to the sixth degree, with preference given to the closest relatives.

Maintenance shall be proportionate to the means of the person obliged to provide it and to the necessity of the person entitled to receive it.

The obligation to provide maintenance ceases: 1. When the person who provides it is no longer capable of doing so, or when the person receiving it no longer needs it; 2. In the cases in which disinheritance is permitted.

The obligation to pay maintenance also ceases when the need for it results from reprehensible conduct of the beneficiary and the latter by correcting himself may render it unnecessary. However, if this correction of conduct can no longer dispense him/her from need of maintenance, the reprehensible conduct shall be taken into consideration only for the purpose of reducing the entitlement to maintenance, or for reducing maintenance already awarded.

The amount of maintenance awarded may be reduced in case of a decrease in the possibility to provide it or of the need to receive it.

The right to maintenance cannot be renounced, although one may stop asking for maintenance to be paid and may renounce maintenance already due.

Where the person who has to provide maintenance proves that he/she is unable to do so as a pension but only in his/her house or company, the Court may decree in such manner. The same procedure shall be followed where the person maintained, without just cause, leaves the house and company of the one who has to provide it.

The maintenance fixed, or consisting of periodical installments shall be paid at the beginning of the period for which they are due.

In the absence or impediment of the parents, parental authority is made good by guardianship.

Guardianship is a burden of which no one may be excused, except in the cases expressly laid down by law.

Guardianship is exercised by a guardian, a pro-guardian, a curator and a family council.

The court of the minor’s domicile is competent to decide on his/her person and assets. § 1 – The provision of this article does not preclude provisional measures, that may be necessary, relating to the assets held by the minor in other jurisdictions. § 2 – In such case, the measures taken shall be communicated to the competent court and the minor’s curator.

Upon the death of any person whose heirs are minors, absentees or incapable of administering their properties, the one who becomes the head of the family or, in his/her absence, any person who was residing with the deceased, shall inform the Curator of Orphans within the time limit of ten days failing which the defaulter shall be liable to a fine ranging from five thousand "reis" to one hundred thousand "reis".

The curator of orphans shall request the competent court to order provisional measures on urgent matters relating to the persons and assets of the minors, if it is not possible to promptly convene, for that purpose, the family council, and he will also apply for the commencement of inventory proceedings at the latest one month after the date of the intimation mentioned in the preceding article, which should be annexed to the application.

If the court does not receive a request and becomes aware of the need to intervene, it will do so at once, notifying the curator of orphans, who will apply for whatever is laid down by law as against those who have not made the necessary intimations. § Sole paragraph – If the court finds that the negligence is due to the curator of orphans, it will report this fact to the Government Advocate.

The curator of orphans who does not institute the inventory and the judge who, having been requested to do so, does not act in accordance with the preceding provisions, shall be liable for all the damages which the minors may suffer, due to their fault or negligence.

The father may appoint in his will, or by an authentic act inter vivos, a guardian for a child who is a minor or has been interdicted, if the mother is deceased or if she has been prohibited from exercising parental authority. § Sole paragraph – In the absence or impediment of the father, the mother has the same power; however, if she appoints her second husband, the appointment will depend upon the approval of the family council.

Either the father or in his absence or impediment the mother, may appoint a sole guardian for all the children, or a different guardian for each of the children.

When the mother appoints a guardian for her children, due to an impediment of the father, and the said impediment ceases, the said appointment shall lapse.

If the father or the mother appoints more than one guardian, so that they may replace each other, the guardianship will befall on each of the guardians in the order in which they were appointed, if no other order of precedence is set out.

Persons who have left to the minor any inheritance or legacy may appoint a guardian for him/her, if the father or the mother have not done so, and if the said inheritance or legacy is of greater value than his/her current property. Such an appointment will however depend upon the approval of the family council. § Sole paragraph – However, the person who, by a will, has left some assets to the minor may appoint, in any case, a special administrator for the said assets, until he/she reaches the age of majority.

Testamentary guardians shall carry out their functions until the child reaches the age of majority or the interdiction ceases.

There is legal guardianship: 1. In the cases of the prevention of the exercise, the suspension or the loss of parental authority; 2. In the absence of a testamentary guardian.

Legal guardianship shall be entrusted to the relatives of the minor, in the following order: 1. To the paternal grandfather or grandmother; 2. To the maternal grandfather or grandmother; 3. To the remaining lineal ascendants, with preference to the paternal relative at the same degree of ascendancy; 4. To the brothers or sisters, with preference to full blood siblings over consanguine siblings, and to these over uterine siblings, and within each of these classes with preference to the older ones; 5. To the brothers or sisters of the father or mother, with preference always to the paternal relatives, except if they are less capable; circumstances being equal, the eldest shall take preference. § Sole paragraph – Where male and female relatives compete at the same degree of relation, the former will take precedence over the latter, except if they are clearly less capable.

Legal guardians shall carry out their functions for the duration of minority. § 1 – If there are several relatives, in the same degree of relation and equally capable, each will serve as a guardian for a period of three years. § 2 – Legal guardianship depends upon confirmation by the family council.

The absence of testamentary guardians and of legal guardians is made good by means of appointed guardianship.

Guardians are appointed by the family council.

Dative guardians are not obliged to serve as guardians for more than three years.

In all cases of guardianship, there shall be a pro-guardian, appointed by the family council in the same session in which the guardian is appointed or confirmed.

If the guardian is a relative of the minor, the pro-guardian may not be appointed from within the same line of relation, except if he/she is a full blood brother or sister. § Sole paragraph – If there are relatives in only one of the lines of relation, and the guardian is appointed from within it, a stranger must be appointed as pro-guardian.

The family council is made up of the five closest relatives to the minor residing within the jurisdiction of the court competent to carry out the inventory, three from the paternal line and two from the maternal line, with preference to the elder relatives in the same degree of relation. § 1 – If there are relatives only within one line of relation, the other members of the council will be appointed from the friends of the minor’s parents, with the difference that, in this case, even if the line in question is the maternal one, three members of the family council will be chosen from it. § 2 – Full blood siblings of either gender, or the husbands of full blood sisters, as their representatives, may all be members of the family council, even if they exceed the number of five; but if they total an even number, a further relative shall be called upon. § 3 – The composition of the family council may be changed whenever a relative requests to be admitted in place of an already appointed member, if he has a better title to be on the family council than the member in question, not precluding the decisions already taken by the family council, except if these were to the detriment of the minors.

If there are not enough relatives residing in the jurisdiction of the court competent for the inventory to make up the family council, friends of the minor’s parents shall be called upon and, in their absence, any other sound persons.

Relatives who reside in a different jurisdiction may, if they so wish, be a part of the family council.

The family council shall be summoned on the court’s own initiative at the latest eight days after the news that the minor became an orphan or that the guardianship is vacant and, in all other cases, within the timeframe deemed necessary.

The judge shall include in the summons the main purpose, which should be put to the decision of the council.

The child older than fourteen years who is awarded a guardian has the right to sit in and to be heard in the deliberations of the family council, when affairs of the utmost importance are at stake, and, if he/she is not an absentee, he/she shall be summoned in the same way foreseen in the preceding articles, so that he/she may use this right if he/she so wishes.

The members of the council are obliged to be personally present at the meetings.

The member of the council who is not present at the designated day and hour, without furnishing in due time a reason to be excused or an impediment, will be sentenced by the judge to pay a fine of Rs. 5,000 to go to child care establishments.

The curator of orphans and the guardians must always be present at family council meetings, with a merely advisory position.

The judge presides over the family council, without the right to vote.

The family council shall not decide with less than three members.

No member of the family council has a right to vote, nor may he be present for a deliberation concerning an affair in which he, or his ascendants, descendants or consort have a personal interest opposed to that of the minors; but this member may be heard, if the council deems it convenient.

The decisions of the family council are taken by absolute majority of the votes of the members who are present.

The general curators of orphans and the law officers of the Public Ministry that carry out their functions are entrusted with watching over the interests and rights of minors.

The curators of orphans must be heard in all that concerns the rights and interests of minors, and may demand that the guardians and proguardians provide all clarifications deemed necessary for the benefit of the minors.

The curator shall be responsible, along with the Judge, for all the damages to the minor that may result from the proceedings illegally applied for by the former, and ordered by the Judge or ordered by the Judge with the approval and acquiescence of the curator.

The judge who fails to consult the curator, in accordance with Article 221, is responsible for a judicial error, even if the decision in question does not lead to damage for the minors.

The family council has the following powers: 1. To confirm the twice-wed mother as the administrator of the assets of the minor or interdicted child; 2. To confirm the legal guardians; 3. To appoint the dative guardians; 4. To appoint a pro-guardian, whenever required; 5. To confirm the guardianship set out in the mother’s will in favour of her second husband; 6. To remove the guardian in the cases mentioned in Articles 236 onwards; 7. To determine the profession, craft or the service that the minor will undertake and decide, when the father or mother of the minor had some form of business or commerce, whether such business or commerce should continue to be carried out by the minor, in the absence of instructions from the parents in that respect, or if there is grave inconvenience in the fulfillment of their wishes; 8. To establish at the beginning of the guardianship the amounts the guardian may spend with the minor and with the administration of the assets, not precluding increases or decreases required by circumstances; 9. To specify the value of the mortgage to be imposed on the assets of the guardian, paying attention to the importance of the movable property, and the earnings to be paid to him/her and that he/her may accumulate up to the end of the guardianship; decide on the assets in relation to which a mortgage should be registered and impose a reasonable deadline for this to be done, as well as, when it so deems convenient, to excuse the guardian from the mortgage or merely from its previous registration and other formalities, so that he/she may begin to exercise the guardianship at once; 10. To verify the legality of the passive debts of the minor and authorize and regulate their payment, as long as interested parties do not oppose this; 11. To decide on what to do with the money, jewels or any other valuable objects belonging to the minor; 12. To authorise the guardian to have the minor arrested, in accordance with article 143 and its paragraph; 13. To authorise the guardian to sell the movable property that it is not appropriate to keep, and decide on what to do with it when no buyer is found; 14. To authorise the guardian to carry out any exceptional improvements, and to lease immovable property for more than three years, as long as the final term does not exceed the time of the age of majority; 15. To authorise the guardian to withdraw the capital of the minor earning interest; 16. To authorise the guardian to contract loans, to lend money belonging to the minor, to mortgage or dispose of immovable property, in case of urgent necessity or recognized utility; 17. To authorise the guardian to accept gifts made to the minor, initiate legal actions, arrive at settlements or carry out transactions or accept commitments, under certain terms; 18. To authorise the marriage and the prenuptial agreements of the minor, when the guardian is not the grandparent; 19. To decide, in the absence of opposition, on the allowance or maintenance to be paid on behalf of the minor to his siblings or ascendants; 20. To examine and approve the accounts of the guardianship in the deadlines set by it, which may not exceed four years; 21. To authorise the replacement or reduction of the mortgage to which the asset of the guardian is subject; 22. To emancipate the minor in the absence of the father and the mother.

The family council shall not appoint more than one guardian for the minor simultaneously. If the minor owns property at a distant place, its administration may be entrusted to an administrator, who will be appointed by the judge of orphans of that jurisdiction, upon request of the judge competent for the inventory.

The guardian, the pro-guardian, the curator of orphans, any relative of the minor or any other interested party in a decision of the family council may appeal the said decision to the guardianship council, except in the case foreseen in Article 1062. § 1 - The guardianship council is composed of the division judge, his/ her two immediate substitutes and the curator of orphans, who will have a merely advisory role. § 2 - A decision of the guardianship council confirming a decision of the family council cannot be appealed. § 3 - If the decision of the family council is not confirmed, there is a possibility of appeal to the High court, which shall decide finally. § 4 - These appeals suspend the effects of the appealed decisions, except in the cases where the law explicitly foresees the opposite.

The following persons may excuse themselves from guardianship and pro-guardianship: 1. Ministers actually holding their post in the Government; 2. Civil servants appointed by the Government; 3. Military personnel even without Gazetted rank; those who are retired may not however excuse themselves if they are employed in active service; 4. Ecclesiastics who are given care of souls; 5. Those already entrusted with a guardianship; 6. Those with five living legitimate children; 7. Those who are seventy years old; 8. Those suffering from chronic illness, that prevents them from leaving the house and personally attending to their own affairs; 9. Those who are so poor that they cannot take charge of the guardianship or pro-guardianship, without great detriment to themselves.

Persons who are not related to the minor shall not be forced to accept guardianship, so long as there are relatives in the jurisdiction who can exercise it.

The excuse shall not be accepted if the guardian or the pro-guardian do not present it at the session in which they are appointed, if they were present, and, if they were not present, at the latest six days after they were informed of the appointment. § Sole paragraph - If the causes of the excuse arise after the appointment, the excuse must be requested at the latest thirty days after the person requesting it became aware of the said causes: after this time they shall not be entertained.

Those excused from the guardianship or pro-guardianship may be compelled to accept it, if the reason for the excuse has ceased.

If the family council decides not to excuse the guardian or pro-guardian already exercising their functions, and these appeal from the decision, they shall be obliged to continue to exercise their functions until the appeal is decided. If they fail to continue to exercise their functions, the family council shall appoint a substitute, the party at fault being liable for the substitute’s management, unless the appeal is successful.

A testamentary guardian who excuses himself, or is removed due to bad management, loses the right to what has been left to him/her in the will, unless the testator stipulates otherwise.

The provisions of numbers 7 and 8 of article 227 and of articles 228 and 229 and its paragraph shall apply to the exemption of members of the family council.

The following persons shall not be guardians, pro-guardians or members of the family council: 1. Interdicted persons; 2. Non-emancipated minors; 3. Those owing the minor a considerable sum; 4. Those pursuing litigation against the minor, or whose parents, children or wives have such litigation, relating to something of importance, and those known as enemies of the minor or his parents; 5. Those of ill behaviour and whose way of life is not known; 6. Those who have been removed from another guardianship due to the non-fulfilment of their obligations; 7. Judges in jurisdictions with only one judge and the curator of orphans in the jurisdiction of the minor’s residence or in the one where his property is located.

The following persons may be removed from the guardianship: 1. The testamentary guardian or the legal guardian who begins exercising his/her functions before the summoning of the family council and the appointment of the pro-guardian; 2. Those who neither apply for nor promote the inventory in terms of the law; 3. Those who carry on wrongly in their management, regarding both the persons and the property of those subject to guardianship; 4. Those who, after their appointment, fall within one of the reasons for exclusion mentioned in the preceding section.

It is for the family council to decide the exclusion or removal of the guardian and pro-guardian, verifying the legal causes or impediments, with a hearing of the interested party, whenever it can be held without grave inconvenience.

The decision of the family council will always be reasoned.

If the interested party accepts the decision of the family council, he/she will be immediately replaced.

If the interested party appeals from the decision of the council, the appeal will be paid for by the minor. The council may only be ordered to pay the costs in the case of manifest slander/libel.

In the case of exclusion, the council shall temporarily decide, as it sees fit, regarding the person and property of the minor, while the appeal is not finally decided.

In the case of removal, if the removed person was exercising his/her functions, and if there is grave inconvenience in the continuance of this management, while the appeal is not decided, the curator may request the judge to decree the provisional measures deemed indispensable.

The removed guardian or pro-guardian will simultaneously be prohibited from being a member of the family council.

The guardian shall: 1. Govern and protect the person of the minor, administer his/her assets, as a good head of family, and represent him/her in all civil acts, except in marriage and in the expression of the last will and testament; 2. Educate, or make arrangements for the education, feed and take care of the minor, in accordance with his/her condition, in the manner ordered by the family council; 3. Rebuke and moderately correct the minor with regard to his flaws, resorting, if the minor does not correct these flaws, to the family council who shall act in accordance with article 143; 4. Apply for inventory of the property of the minor at the latest eight days after he/she takes the oath, and diligently promote its prosecution; 5. Request the summoning and the authorisation of the family council, in all cases in which such authorisation is required; 6. Lease the immovable property of the minor for a period not exceeding three years; 7. Provide for the repair and normal expenses of the immovable property, and to have the agricultural land cultivated, if it has not been leased; 8. Collect the rents, pensions, fees shares and interest belonging to the minor, and procure and receive the payment of any debts, except for what is foreseen in number 15 of article 224; 9. Institute legal proceedings to preserve rights, and those to obtain something in the possession of another person, if they are authorized by the family council, and to defend the minor in all legal proceedings instituted against him/her; 10. Pay the minor’s debts, if he/she is authorized to do so; 11. Accept inheritances accruing to the minor, subject to the inventory proceedings; 12. Procure the sale of the minor’s movable assets, in the cases in which these cannot be kept, and the sale of immovable assets, in the cases in which this is permissible.

The guardian is absolutely prohibited from: 1. Gratuitously disposing of the minor’s assets; 2. Renting, acquiring and auctioning the minor’s assets; 3. Becoming the transferee of rights or of credit against his/her ward, except in the cases of legal subrogation; 4. Receiving donations from the minor, inter vivos or through a will, or from a former ward who has become emancipated or has reached the age of majority, unless it occurs after he/she has accounted for his/her administration and obtained full acquittance; 5. Enter into contracts in the name of the ward, that personally oblige the latter to carry out certain acts, except when such an obligation is necessary to provide for the ward’s education, establishment or occupation.

The provisions of clause 4 of the preceding article is not applicable to guardians who are ascendants or siblings of the minor.

The guardian is obliged to declare in the inventory whatever the minor owes him/her; failing to do so, he/she shall not request the payment of the debt, during the guardianship; and, if the guardian later requests the said payment, he/she must prove that he/she was unaware of the debt before that moment.

The guardian has the right to be remunerated, and this remuneration, if it has not been established by the parents of the minor in their will, shall be decided by the family council, as long as it does not exceed one twentieth of the net income of the minor’s assets.

The guardian is liable for the damage that he/she has caused the ward, as a result of fraud, default or negligence.

The guardian is obliged to furnish accounts for his/her management, either to the family council or to the former ward, if he is emancipated or has attained the age of majority.

The accounts presented to the family council shall be examined by one or two knowledgeable persons, appointed by the same council from among its members, if possible, and shall be approved or rejected, in whole or in part, as may seem right.

The accounts must be accompanied by supporting documents, except expenses for which a receipt is not usually requested.

All expenses lawfully carried out by the guardian shall be assured to him, even if they did not benefit the minor, as long as the guardian is not faulted for this fact.

If, upon the verification of the accounts, the guardian is indebted, the amount of the debt shall be subject to legal interest from the time of the approval of the said accounts.

The balance in favour of the guardian shall be settled from the first income of the minor received by the guardian; however, if there are urgent expenses, so that the guardian cannot be paid, the balance shall be subject to legal interest, when it is due, unless the family council otherwise provides for the timely payment of the debt.

A guardian in debt not having assets with which to compensate the minor, is subject to the penalties foreseen in criminal law, notwithstanding the obligation to pay the said compensation if such payment becomes possible.

In the cases of death, absence or interdiction of the guardian the accounts shall be rendered by his heirs or representatives.

Where the minor is emancipated or attains the age of majority, accounts shall be presented to him/her, with the assistance of the curator and of the pro-guardian. Sole paragraph - The balance resulting from these accounts shall be subject to legal interest in favour or against the guardian; in the first case, from the time the payment is requested from the former ward, preceded by the surrendering of his property, and in the second case, from the time of the approval of the accounts.

In addition to the other powers specifically set out in this Code, the pro-guardian shall: 1. Uphold and defend the rights of the minor in or out of court, whenever these are opposed to the interests of the guardian; 2. Oversee the administration by the guardian and inform the curator and the family council of anything he/she deems detrimental to the person or interests of the minor; 3. Assist in the pursuit of the inventory and the sale of the minor’s assets; 4. Promote the summoning of the family council, in case of abandonment or vacancy of the guardianship, and in all cases where the guardian should be excluded or removed.

The pro-guardian may attend the deliberations of the family council, as well as take part in them, but without the right to vote.

The pro-guardian may require from the guardian, in January of each year, a report on the state of affairs of the administration of the minor’s assets, and he/she may at all times require the guardian to show him/her the records of the management and to provide the clarifications that he/she may need in this regard.

The pro-guardian shall not accept a power of attorney from the guardian regarding the guardian’s management.

The provisions of clauses 2, 3 and 4 of article 244 and those of article 248 are applicable to the pro-guardian.

The immovable assets of the minor will be leased if the family council does not decide finding this more convenient that they should be administered by the guardian.

Leases, up to three years, shall be executed by the guardian, in the manner deemed most convenient to the interests of the minors.

Leases exceeding three years shall always be made through public auction, with the assistance of the pro-guardian and of the curator.

The provisions of the three preceding articles are not applicable to leases of minors’ assets subject to paternal authority, which should be carried out in accordance with the father’s considered decision, except with regard to the time limit laid down in clause 14 of article 224.

The sale of movable assets, in cases in which it needs to be done, shall be through public auction, with the assistance of the pro-guardian and of the curator, except if, due to their little value, the family council instructs the guardian to effect the sale privately.

The sale of the minors’ immovable assets shall always be through public auction, in the manner mentioned above.

If the movable or immovable assets are located in a jurisdiction different from that in which the inventory is proceeding, their sale shall be through public auction in the jurisdiction in which they are located, by request from the judge of the guardianship jurisdiction, with the assistance of the respective curator, and of the person authorised by the family council, if it so deems fit, to request in this act all that may be for the benefit of the minors. § Sole paragraph - This article does not derogate from the exception foreseen in article 267.

Whenever minors’ assets are to be sold at auction, the value of the said assets shall be previously evaluated, and the family council shall determine the minimum selling price, which shall not be inferior to the above mentioned value.

If the assets are put on auction at a price higher than that of the valuation, and there is no bidder, a second auction shall be held for the price corresponding to the valuation.

If the assets are straight away put on auction for the price corresponding to the valuation, and there is no bidder, there will not be a second auction for the same price, and the family council shall decide whether it will not proceed with the sale or whether the assets shall again be put to auction at a lower price, which in this case may be determined by the said council.

All other matters shall be governed by the usual auction procedures.

The provisions of the preceding articles are applicable to the sale of the minors’ assets subject to parental authority, except that, in this case, the powers of the family council are exercised by the judge, with the assistance of the curator of orphans.

The guardianship of children legitimated by recognition is governed by the same rules as the guardianship of legitimate children, with the following differences.

The family council shall be replaced by a special council, made up of five neighbours, appointed by the judge of orphans from among the friends or relatives of the father or mother who has acknowledged the minor child.

If the father or the mother who has acknowledged the illegitimate child appoints a guardian for him/her, this appointment shall come into force, even if the child is later on been acknowledged by the other parent.

There shall be no legal guardianship in the case of legitimated children.

The father or the mother of a minor illegitimate child may appoint a guardian for it by an act inter vivos, or in his/her will, in the cases where he/she is bound to provide maintenance to the child.

In the absence of both father and mother, the respective judge of orphans shall appoint a suitable person to take responsibility of the minor and provide for his/her education and future, with the means that the parents have provided for that purpose.

If the parents have not provided any means for the maintenance of the child, the guardian, who, in this case shall be appointed by the judge, shall, with the assistance of the curator of orphans, initiate the necessary legal proceedings against the parents or their heirs.

In this kind of guardianship, the judge exercises all the powers of the family council, and the curator of orphans exercises those of the proguardian. The decisions of the judge may be appealed, when so deemed fit, to the High Court of the judicial district.

If the father or the mother of the minor pass away in a state of insolvency, the minor shall be considered abandoned, and the provisions of the next section, concerning foundlings, shall be observed in respect of him/her.

Foundlings and abandoned minors, whose parents are not known, until they reach the age of seven, shall be placed under the guardianship and administration of the respective municipalities, or of the persons who have voluntary and gratuitously taken charge of their upbringing. § Sole paragraph - The provisions of this article do not prevent the application of special regulations of any legally authorized public establishment for child care.

As soon as the foundlings or abandoned minors reach the age of seven, they shall be placed at the disposition of the council for the welfare of children, or of any other judicial authority entrusted with this function by law.

The council for the welfare of children, or the judicial authority in place of the same it, shall provide the foundling or abandoned minors the course of life which it deems most advantageous to them, having them join any establishment, or surrendering them by contract to persons willing to take charge of their education and training.

Persons who take charge of foundlings or abandoned children become their guardians, subject to the supervision of the council, or of the judicial authority replacing it, which can rescind the contract and determine a new destination for the minor, in case of abuse or violation of stipulated obligations.

The council for the welfare of children, or the judicial authority substituting it, shall not impose on the foundling or abandoned minor, nor shall it stipulate in the name of the said minor, obligations lasting beyond the minor’s age of fifteen.

When the foundling or abandoned minor has reached the age of fifteen, he/ she may be emancipated by the aforementioned council, or by the judicial authority substituting it, if he/she demonstrates he/she has the necessary ability to govern him/herself.

A foundling or an abandoned child shall have the ownership and usufruct of all that he/she acquires by any title whatsoever, during his/her minority.

As soon as the foundling or abandoned child reaches the age of eighteen, he/she will be emancipated by operation of law, and his/ her name will be removed from the respective book.

If the foundling or abandoned child dies intestate and without descendants, the child care establishment shall inherit his/her property.

In all else concerning the rights of foundling or abandoned children, the provisions relating to other minors shall be applied, to the extent applicable.

Minor children of indigent persons who, due to the death, old age or illness of their parents, or for any other justified reason, may not be fed and assisted by them or by their relatives, shall be handed over to the care and protection of the respective municipalities, which will raise, feed and educate them at the municipality’s expense, up to the age when they are able to make a living for themselves.

If the parents’ condition improves, and they acquire sufficient means, they shall pay the expenses incurred by the municipality and, if they request for their children, these shall be returned to them.

The municipalities are considered as the legal guardian of the aforementioned minors, for as long as they are under their charge, for anything relating to their upbringing and education, notwithstanding parental rights which shall persist in accordance with general law.

Minors do not enjoy the benefit of full restitution.

The acts and contracts which the minor may lawfully execute, as well as those executed with due permission, either by the minor or by the guardian, shall not be revoked by the minors, except in the cases in which general or special law so allows.

The acts carried out by the minor without due permission are null and void, with the exception of what is foreseen in articles 1058 and 1059, but the minor shall not invoke this fact in the following cases: 1. In the obligations contracted in relation to matters of art or in a profession of which he/she is an expert; 2. If he/she deceitfully presented him/herself as having reached the age of majority. § Sole paragraph - A simple statement or suggestion of majority or emancipation is not sufficient, in this case, to constitute deceit.

In every orphanological jurisdiction there shall be a numbered book, initialled and sealed by the respective judge, for registration of guardianships of minors and of interdicted persons. § Sole paragraph - The clerk in the first office shall be in charge of this book, in which he will enter not only the guardianships in his section but also those of the others for which the respective clerks shall send him the necessary notes.

The pages of this book shall be divided into columns, or portions, in which there shall be declared: 1. The filiation, age and domicile of the minor or of the interdicted person; 2. The value of his property in movable and immovable assets; 3. The dates on which the inventory was started and concluded; 4. Name, occupation, age, status and domicile of the guardian, and if he is testamentary, statutory or appointed by Court; 5. If the guardian has entered into mortgage or furnished any other security; 6. The dates in which the guardian’s management has started and ended; 7. The dates of the accounts rendered by him, if there was misappropriation of funds and how much; 8. Any remarks that may be made.

The book mentioned in preceding article shall be accompanied by an alphabetical index of the names of the guardians and wards.

The clerk or judge who, on his part fails to carry out the provisions of this section, incurs liability for failure to discharge duty of office, and losses and damages which he may occasion.

A minor may be emancipated: 1. Through marriage; 2. By concession made by the father, by mother in absence of the father or by family council in the absence of both.

Emancipation qualifies the minor to look after his own person and assets, as if he was a major.

Emancipation by marriage shall only produce its effects when the male has completed eighteen years of age and the female sixteen, and the marriage had been duly authorized. § Sole paragraph - If the case the minor gets married without necessary permission, he/she shall be continued to be regarded as minor, as regards the administration of his/her assets till majority; but out of the income of the assets he shall be allotted the maintenance necessary for his/her state.

The type of emancipation mentioned in the second number of article 304 may only take place with the agreement of the minor, and after he/she has reached the age of eighteen.

The emancipation granted by the father or mother shall consist of a mere record or document, signed before the judge of the residence of the person granting the emancipation; the emancipation granted by the family council shall consist of a record of the deliberation taken in the usual manner. § Sole paragraph - The judge shall subsequently order the respective title to be drawn up, which will only be binding on third parties after it has been registered in the book of guardianships.

In the case of the first number of article 304, the emancipated minor may request the competent judge, enclosing all the documents proving to his/her marriage, age and respective license, to allow him/her to administer his/her own assets; and the judge shall decide, as may be just, without previously hearing any parties. § Sole paragraph - The order which directs the handing over of the administration shall produce effect, in relation to third parties, after it has been registered in the book of guardianships.

Emancipation once granted cannot be revoked.

A person reaches the age of majority, regardless of gender, having completed twenty one full years. The person who has reached the age of majority is empowered to freely govern his person and assets.

A person who has attained the age of majority shall apply with the certificate of his/her age, that his/her assets until then subject to administration be delivered to him/her, and that he/she be removed from the guardianship registry.

However, the judge will always withhold the delivery of the assets, if there is a judgment interdicting the person in question, or a case for this purpose pending before the Court.

Idiots and those, who, by the abnormal state of their mental faculties, are found to be incapable of administering their person or their assets, shall be interdicted of their exercise of rights. 1. If the individual, on account of mental infirmity or weakness of mind, is found to be incapable of doing certain acts, he may equally be interdicted, however, the interdiction will be confined only to those acts. The extent and the limits of the curatorship shall be specified in the judgement of interdiction. 2. Such interdictions may be applicable to majors or minors, provided that in the last case may be applied within one year immediately next to the majority.

The interdiction may be petitioned by any relative who will succeed or by spouse of the insane. § Sole paragraph - In such case the Public Ministry shall defend the insane person.

The interdiction shall be petitioned by the Public Ministry:- 1. In the absence of persons mentioned in the preceding Article: 2. In case of insanity accompanied by violence or where the insane has minor issues, if the aforesaid persons do not petition for the same. § Sole Paragraph - In such case the judge shall appoint counsel for the insane.

The petition for interdiction shall be filed and shall follow the procedure prescribed in the Law of Procedure.

The family council shall be formed in accordance with the provisions in the preceding title, Article 207 onwards; but the persons who had petitioned for interdiction shall be debarred from being members thereof, however they may remain present for the meetings of the council merely as observers.

After the judgement of interdiction is pronounced, either by the Trial Court or by Appellate Court, the same shall be registered in the Book of Guardianships of the domicile of the interdicted and published by extract in the first case in some of the newspapers of the divisions, and by notice affixed at the place of aforesaid domicile and in the second case in the gazette of the respective High Court. § Sole Paragraph - This registration and publication shall be prosecuted by the dealing Clerk of the file.

The guardianship of the interdicted shall be granted in the following order: 1. To the other spouse in the event the interdicted person is married except, if there is a separation of persons and assets judicially declared and/or they are de facto separated on account of differences or being legally incapable for any other reason; 2. To the father, or to the mother in the absence of father; 3. To the major children, if he has, the eldest being preferable, except, if the judge, after hearing the Public Ministry is of the opinion that some others are in a better position to hold the charge; 4. To the person who is appointed by family council. In this case however, the care or guardianship of the interdicted shall not be entrusted to the person who is likely to succeed in it. § Sole paragraph - The persons who have given cause to the insanity, by their criminal acts or merely objectionable acts committed to the prejudice of the interdicted persons, cannot be appointed as guardians.

An interdicted person is equated to a minor and all the rules which regulate the incapacity on account of minority are applicable to him save and except the provisions of subsequent articles.

In case the Guardianship falls on the father or mother; they shall exercise the paternal control, as provided in Articles 101 onwards.

In case the Guardianship falls on the husband or on the wife, the following provision, shall be observed.

There shall not be inventory where the marriage is by communion of assets, nor even in case of separation of the assets, in case the assets of the interdicted are listed in an authentic document.

The spouse is not bound to render the accounts.

Where the husband is the guardian, he shall continue to exercise over his interdicted wife, the conjugal rights save following modifications: § 1 - In cases where the acts of the husband depend upon consent of the wife, the consent shall be made up by the judge after hearing of the Public Ministry and of her nearest relative. § 2 - In cases where the wife may prefer an application against acts of the husband or sue him to secure her violated or threatened rights, she shall be represented by her proguardian or any of her relations.

In cases where the guardianship is entrusted to the wife of the interdicted, she shall exercise the rights to which he was entitled to, as head of the family, save following exceptions: § 1 - She shall not alienate the immovable assets of the interdicted without the permission, in the manner indicated in para 1 of the preceding article. § 2 - In cases of ill-treatment, of the negligence in the care required by the state of the interdicted person or wasteful administration of the assets, the wife may be removed from the guardianship on the application of the proguardian or any of the relative of the interdicted person or with the prior hearing of the family council.

In case the guardian or the interdicted is any of the persons indicated in Article 320, No.3 and 4, the rules which govern the guardianship of the minors shall be applicable to the extent applicable to them.

If the interdicted is a bachelor or widower, and he has minor children, legitimate or legitimated by recognition, their guardian shall be the guardian of the interdicted.

In all cases of interdiction, except where the interdicted person is entrusted to the care of his parents, the family council shall appoint one proguardian who looks after his/her rights and well being and informs the Public Ministry in order that it may take steps in the interest of the interdicted person within the legal limits.

The guardianship of the spouses, their ascendants or their descendants shall last till the interdiction lasts.

The income of the interdicted person and even his assets, if necessary, shall preferably be applied for the improvement of his state.

The interdicted person shall not be deprived of his personal liberty, nor detained in any private house or establishment of any nature or removed outside the kingdom or even of province without prior judicial permission after hearing the Public Ministry and family council. § Sole paragraph – The provisions of this article shall be understood in such a way that there is no objection to make use of force whenever necessary to control the violent insane but such a step shall be restricted till the minimum necessary time in order to report the matter to the competent authority.

All the acts and contracts performed by interdicted person from the time of the judgement of interdiction is registered and published shall be null and void, if the judgement has become final for want of appeal. § Sole paragraph - If the interdiction is done as provided in Article 314, para 1, the nullity is restricted to the acts from which the interdicted is restrained.

The acts and contracts performed by the interdicted before the judgement, may be avoided only if it is proved that at the relevant time there was cause for interdiction and the same was notorious or the same was known by the other party. § Sole paragraph - The acts and contracts performed by an insane person who was never declared interdicted may only be annulled if it is proved that on the date they were performed there was insanity, the same was notorious and it was known to the other party.

When the cause of interdiction ends the interdiction shall be vacated by the order of the Court and all the formalities followed for granting the order of interdiction shall be followed.

The deaf-dumb who do not have capacity necessary to administer their properties shall be put under guardianship.

The extent and bounds of this guardianship shall be specified in judgment granting the same in accordance with degree of incapacity of the deaf-dumb.

This guardianship may be applied for by the persons designated in Articles 315 & 316 No. 1 and in all other matters, to the extent applicable the provisions of the preceding title shall be followed.

The persons who are majors or emancipated, who, by their habitual prodigality, show themselves to be incapable of administering their assets may be interdicted from the administration of the said assets, when they are married or when there exist legitimate heirs. § Sole paragraph - It shall be the judicious discretion of the judge to evaluate, depending on the circumstances, whether the facts alleged are or are not sufficient to declare the prodigality.

This interdiction may be applied for by the ascendants or the descendants of the prodigal, by his wife, by any relative of the latter, or by the Public Ministry, when the prodigal has descendants who are minors or under interdiction.

The interdiction shall be applied for before the Civil Judge of the judicial division, wherein the prodigal has his domicile.

The suit for interdiction for prodigality shall follow the terms prescribed in the respective procedural law.

Depending on the seriousness of the facts that may be proved by evidence, the judge, by his order, shall deprive the prodigal of the general administration of his assets, or shall maintain the same to him while merely prohibiting him from certain acts which may not be performed without the previous approval of the curator. § Sole paragraph - This order shall be registered in the Book of Guardianship and an extract thereof published in any of the newspaper of the judicial division, or, when there is no such newspaper, by public notice at the place of the domicile of the interdicted person.

The prodigal retains at all times his personal freedom and all other civil rights, and may object to the order that has deprived him of the administration of his assets, or of performing certain acts without permission from the curator as also to appeal against the said order. § 1 - The objection shall not suspend the execution of the order and the appeal shall be admitted only with prospective effect. § 2 - From the order rejecting the objection the prodigal may also file an appeal.

Once the order is final for want of appeal, if the administration has been ordered, it shall be given to the father of the prodigal, or to his mother, if the father does not exist, with the consent of the family council. If he has neither father nor mother who may be given charge of the same, the judge shall appoint an administrator after hearing the family council and the Public Ministry. § Sole paragraph - If the prodigal administers the assets of his minor or interdicted children, these assets shall be included in the above mentioned administration.

If the prodigal is married, with separation of assets, the wife shall retain the administration of her own assets, which she shall not alienate without judicial authorisation, in the cases where the consent of the husband is necessary.

In the case of general interdiction, the interdicted person shall have access to some amount of money which may be deemed to be necessary for his ordinary expenses, in conformity with his status and means. § 1 - These amounts shall be calculated by the judicious discretion of the judge, after hearing the Public Ministry and the family council. § 2 - The person under interdiction may however, when an unforeseen necessity arises, take recourse anew to the judge who shall grant the same in the above terms as may be deemed to be just.

After publication of the judgement of interdiction, whether it be general or special, the person under interdiction shall be given a provisional curator who will authorize him the acts of which he may be prohibited, and which may become necessary, however, the person under interdiction shall be able to, in case of refusal of permission from the curator, to appeal to the judge, who will decide finally after hearing the Public Ministry. The acts which are performed by the person under interdiction without proper authorisation shall be null in terms of law, once the order has become final for want of appeal.

The person under interdiction may have recourse to the judge of the interdiction proceedings, when he believes that his curators have abused their duties in any form. The judge shall decide in terms of the law, after hearing the Public Ministry, and if required, the family council. An appeal from his decision shall lie to the High Court which shall decide it finally.

The administrators of the assets of the prodigal shall have the same rights and be subject to the same obligations as are applicable to the provisional curators of the assets of absentees, except for the following modifications: 1. When the curatorship is in the charge of the father or the mother, there shall be no security kept. 2. The annual accounts shall be rendered with the assistance of the person under interdiction.

After five years, the prodigal may apply for the lifting of the interdiction and this shall be so ordered if it is not objected by the family council and the Public Ministry. § Sole paragraph - If the prodigal does not obtain the lifting of the interdiction, he may apply for it again, until the same is granted to him; as long as between each refusal that he may have and a new application that he makes, there has elapsed an interval of at least five years.

The acts and contracts performed by persons who at the time thereof are accidentally deprived of making use of their reason, by any bout of delirium, inebriation or any other similar cause, may be rescinded, if, within the ten days immediately after the re-establishment of reason, the said persons file an objection before any Notary, in the presence of two witnesses, and file the competent suit within the twenty days that follow. § Sole paragraph - This suit may only benefit the heirs of the above-mentioned persons, if the same should die without recovering their reason, or before the expiry of the ten days within which they had to file objections, provided however that it be filed within the twenty days subsequent to the death.

The provision of the preceding article does not bar any other legal proceedings which may lie against the validity of the acts and contracts mentioned in the same article.

Criminals cannot be interdicted of any of their civil rights except by virtue of a sentence which has become final for want of appeal.

The one who is interdicted of his civil rights by a sentence passed in an ordinary criminal case which has become final for want of appeal, shall be given a curator. § Sole paragraph - The curatorship shall be governed by the regulations of curatorship of the insane.

The extension and effects of this curatorship shall depend upon the nature of the rights which are interdicted.

The above mentioned curatorship shall remain in force only as long as the term of imprisonment is in force. § Sole paragraph - If the term of imprisonment is set aside as a result of revision and annulment of the sentence, the acts which the accused may have performed during the time when he was interdicted from the same, shall be valid, as long as this validity does not adversely effect rights which may have been acquired.

Original rights are those which result from the very nature of man, and which the Civil Law recognizes and protects as source and origin of all the others. Such rights are: 1. The right to existence; 2. The right to liberty; 3. The right of association; 4. The right of appropriation; 5. The right of defence.

The right to existence covers not only in the right to life and personal integrity of man, but also includes his good name and reputation, which constitute his moral dignity.

The right to liberty consists in the free exercise of physical and intellectual faculties, and includes thought, expression and action.

The thought of man is inviolable.

The right to expression is free, like thought; but whoever abuses it, to the detriment of society or of other persons, shall be answerable in accordance with the law.

The right of action consists of the faculty to freely do any act; but whoever abuses this right, invading the rights of others or of society, shall be liable, in accordance with the law.

The right of association consists in putting together individual means or efforts, for any lawful purpose, which does not prejudice the rights of another or of society.

The right of appropriation consists of the faculty to acquire whatever is conducive to the preservation of existence, and to the maintenance and the improvement of one’s own condition. Such right, considered objectively, is called “property”. § Sole paragraph - Civil law recognizes appropriation, only when it is done by lawful title or lawful means.

The right of defence consists of the faculty to resist any violation of natural or acquired rights.

Original rights are inalienable and may be restricted only by express provision of law duly enacted. Their violation gives rise to the liability to make good the damages incurred.

Thing, in law means all that does not have personality.

All things which are not outside commerce may be appropriated.

Things may be outside commerce, by their nature, or by provision of law.

Those things which by their nature, cannot be possessed by any individual exclusively, and, those which by operation of law are declared incapable of being owned privately, are excluded from commerce.

Things are immovable or movable.

Rustic and Urban properties are immovable, either by their nature or by human act. § Sole Paragraph - “Rustic property” means the land or the ground, and Urban property means any building built on the soil.

The following are immovables by operation of law: 1. The produce and integral parts of Rustic properties, and integral parts of the Urban properties which cannot be separated without prejudice to the useful purpose to which they may be put, unless separated by the owner of the property himself. 2. Rights inherent to the immovables mentioned in the preceding article; 3. Consolidated funds, which are found immobilized perpetually or temporarily. § Sole paragraph – The provision of this article do not exclude immobilization prescribed by special law for certain and specific purposes.

All material objects not covered by the two preceding articles, are movables by nature and all rights not covered by sub-clause 2 of the preceding article are movables by operation of law. In Portuguese Law, ships, automobiles and aeroplanes, though movables, are capable of being mortgaged. The word ‘hipoteca’ in Portuguese means mortgage.

When in the civil law or in the acts or contracts, the expression - immobile assets or things - is used, without any other qualification, it shall include not only those which are immovable by nature or human action as also those which are so by operation of law. When the expression - “immovables”, “immovable things or assets” – is used simply, this shall mean only those which are so by nature or by human action. § Sole paragraph - In the same way the expression - mobiliary assets or things shall include not only movables by nature as those which by operation of law and by the words - movable, movable things or assets shall be meant only physical objects which are movables by nature.

Whenever in an act or contract the expression -movables of a house or a building – is used, it shall include only what is called furniture, utensils or tools except where the known intention of the parties is otherwise.

Things, in relation to the persons to whom their ownership belongs or who may freely use them are known as public, common and private.

Public things are natural or artificial, appropriated or produced by the State and public corporations and maintained under their administration, which may be lawfully used by all, individually or collectively, subject to the restrictions laid down by law or by administrative regulations. The following come under this category:- 1. Roads, bridges and viaducts constructed and maintained at public, municipal and parochial expense; 2. Salty water of the coasts, creeks, bays, river mouths, estuaries and creeks and the water beds of the same; 3. Lakes and ponds, sweet water canals and watercourses, navigable or able to bear floating craft, along with respective beds, basins and the public fountains. § 1 - By navigable current is meant one, which for the whole year is suitable for navigation, for commercial purposes, of boats of any type, construction and dimension; and by floating current that over which by custom effectively at the time of enactment of this Code, floating objects are carried for the whole year for commercial purposes or that which is declared as such in future by the competent authorities. § 2 - When the whole river is not navigable or floatable but only part thereof is, only this part shall be described as such; § 3 - By bed or basin is meant the portion of the surface which the current covers without overflowing to its natural bank or land which is normally dry. § 4 - The surfaces of the banks or ramps and the elevations, the hedges, fences, embankments of mud or stone and cement raised artificially over the natural surface of the soil on the banks, do not belong to the river bed or basin of the current nor are they in the public domain if on the date of enactment of this Code, they have not been included in this domain by law.

Common things are those things, natural or artificial, not individually appropriated of which benefit can be taken only on observing administrative regulations by individuals within certain administrative areas or who are part of a specific public corporation. This category includes: 1. Fallow lands of municipalities or parishes; 2. Watercourses which are not navigable, nor floatable, which crossing the municipal or parish or private properties flow into the sea, in any navigable or floatable current, the lakes or ponds, situated in municipal or parish land and the reservoirs, springs or wells constructed at the cost of the local or parish administration. § 1 - A navigable current which for five consecutive years cannot be used for navigation, shall pass on to the category of floatable current. § 2 - A floatable current, which during five consecutive years does not serve for the purpose of floating shall be included in the category of currents of common use. § 3 - The bank or basin of any waterfall or current of common use, which crosses a private property or is gathered or originates in the same, shall form integral part of the said property. § 4 - The ownership of the bed or basin of any waterfall or current of common use, which passes between two or more properties, shall appertain to the said properties with the limitation and easements laid down in this Code. § 5 - To each property belongs, by law, the tract of the bed or river bed, comprised between the marginal line and middle line of the same bed or river bed, ending above and below, in relation to the course of the current, by two lines, drawn vertically from the extremity of the marginal line of the property over the middle line. § 6 - The tracts of the beds or basins of the waterfalls or currents in common use relating to the properties on the banks thereof shall be subject to all easements which general administrative regulations have imposed on them for the preservation, clearance and cleaning of the said beds or basins. § 7 - All the provisions of the preceding paragraphs which are compatible with the still nature of their waters shall apply to natural lakes of sweet water surrounded by private properties and fallow, public, municipal or parish properties.

Private things are those, the ownership of which belong to natural or legal persons and of which, no one can take advantage except these persons or others with their consent. § Sole paragraph - The State, the municipalities and parishes considered as legal persons are capable of private ownership.

It is lawful for any person to appropriate himself through occupation animals and other things, which never had an owner or which were abandoned and lost, save the provisions and restrictions contained in the following chapters. * Here the word occupation means taking possession

It is lawful for anyone, without distinction of persons, to hunt wild animals in accordance with the administrative regulations, which prescribe the manner and time of hunting :- 1. In his own lands, cultivated and uncultivated; 2. In public lands or lands of local authorities, neither cultivated nor fenced, or not excluded by administrative means; 3. In private lands, neither cultivated nor fenced. § Sole paragraph: The provision of no.1 includes the owner of the land as well as those who obtain permission from him.

In cultivated, open lands, whether they be public, or belonging to the local authorities or private individuals, which are sown with cereals or have any other crop or annual plantation, the hunting is lawful only after the harvesting of the crop.

In the lands, which are cultivated as vineyard or with other fruit bearing trees, perennial or of small capacity, it is lawful to hunt only within the period falling between plucking of the fruits till the time the tree starts budding. The municipal councils shall fix the time limit for each year within which the liberty granted for hunting shall cease.

In the open lands, cultivated with olive trees or other fruit bearing trees of big capacity, it is lawful to do the hunting at any time, except that falling between the beginning of ripening of the fruits and their plucking.

A hunter has the right to appropriate an animal by mere fact of its seizure, but he has a right to the animal that he has wounded, whilst in its pursuit, except as provided in the following article. § Sole paragraph: The animal which is killed by the hunter, is considered as seized by him as long as the injurious act lasts, or until it is detained by him, by hunting devices.

If the injured animal takes shelter in any property which is enclosed by trenches, or by compound wall or fencing, the hunter is not entitled to pursue the animal within the said property without the permission of the owner thereof. However, if the animal dies therein, the hunter may demand, that the owner or his representative, if present, hand over the animal to him, or may permit him to search for the animal, but without any escort.

In any event, the hunter is liable for payment of any damage caused, which damages shall be paid in double, when the act is committed in the absence of the owner or his representative. § 1 - If there is more than one hunter, all of them shall be jointly liable for the damages caused. § 2 - The entry of hunting dogs into an enclosed property, in pursuit of animal, which had entered into the property, without such entry being attributable to the hunter, shall make the hunter merely liable to make good the damage caused. § 3 - The suit for recovery of damages prescribes within 30 days, from the date on which the damage was caused.

Within properties which are fenced or closed, in such a manner that exit and entry of animals is not permitted, the owner or possessor thereof may do the hunting freely in any manner and at any time.

It is lawful to the owners and cultivators to kill, at any time, within their own lands, the wild animals which cause damage to their crop or plantations. § Sole paragraph - Similar right is given to the owners and cultivators in respect of domestic birds which cause damages to the lands when they have been sown or having cereals or other fruits pending harvest.

It is absolutely prohibited to destroy in the properties of another the nests, eggs, or fledglings of birds of any species.

Administrative Laws and regulations, besides municipal regulations, shall fix the time in which hunting in general, or specific hunting, shall be absolutely prohibited, or in certain manner, as well as the imposition of fines, either for contravention of the laws or regulations, or for the violation of the rights declared in this title.

It is lawful for anyone without distinction of persons, to fish in public and common waters, save for restrictions laid down by administrative regulations.

It is not lawful to encroach upon lands on river banks for exercising his right of fishing, except in cases where hunting is permitted on them, in accordance with articles 384, 385, 386 and 387.

The right of fishing within private waters belong solely to the owners of the property, where such waters are located or through which they flow.

As to the manner, time and imposition of fines, fishing shall be regulated by administrative regulations in respect of public waters; and in respect of waters of local authorities or private waters, by the municipal councils.

Fishing in private tanks and nurseries, where there is no free entry and exit for fish, is not subject to any administrative or municipal regulations.

It is lawful for anyone to occupy any wild animals which having had an owner, were later released into their natural liberty, without prejudice to the provisions of articles 384 onwards, and with restrictions and provisions contained in the present section.

Wild animals accustomed to a certain shelter, provided by human labour, which go to a shelter of a different owner, shall belong to the latter, if they cannot be individually recognized; if not, they can be recovered by the former owner, provided he does not cause any damage to the other. § Sole paragraph - However, if it is proved that the animals were taken, by use of fraud or by use of a device used by the owner of the shelter, where they have been lodged, the latter shall be bound to hand them over to the former owner or pay to him double of the value if the restitution is not possible; and this liability will be without prejudice to the imposition of fines which may be attracted.

It is lawful for anyone to take possession of swarms of bees, which he found first: 1. If it is not being pursued by the owner of the bee-hive who had created the swarm; 2. If it is not found resting in the property of the owner of the said bee-hive, or in any building, or within the property in which it is not lawful to do hunting. § Sole paragraph - But if the bee-hive is pursued by the owner of the swarm, the owner of the property shall be bound to permit him that he may collect it or to pay the value thereof.

Ferocious and harmful animals, which escape from the enclosure wherein they were kept by the owner thereof, may be killed or occupied freely by any person who captures them.

Domestic animals who are abandoned by their master may be taken by the first person who finds them.

Lost or stray animals may only be taken on the following terms.

If the person who finds any lost or stray animal, knows whose it is, he shall return it or inform the owner, the circumstances in which it is found within three days at the latest, if the owner is domiciled or resident in the same taluka where the animal is found.

If the owner is not domiciled or residing in the same Taluka, and if the finder is not able to comply with the provisions of the preceding article, he shall inform the Administrative authority of the Taluka, within the period of three days, the circumstances in which the animal is found, in order that this may be informed to the owner.

If he who finds any lost or stray animal, does not know whose it is, shall without delay present the same to the Administrative Authority of the parish where it is found. § 1 - The Administrative Authority shall direct the quality, characteristics, state and apparent value of the animal and the place where it was found, and shall have the same kept in the possession of the person who found it or any other, if the former declines; § 2 - If the animal found is foul, the said authority shall have the fact announced in the first consecutive Sunday at the door of the parish Church while the convening mass is coming; and if within fifteen days the owner does not turn up, the animal shall belong to the person who has found it; § 3 - If the animal found is a sheep, goat, pig or any other four footed animal of the smaller size, and even if of other types, if the value does not increase 6000 reis, the provisions of the preceding paragraph shall be observed, with the difference that the time limit allotted shall be thirty days, and the announcement shall be made every eight days; § 4 - If the animal found is big cattle or quadruped of big size the value of which exceeds 6000 reis, the provisions of paragraphs 1 & 2 shall be observed with the following indications:- i) Besides the announcements, the finder shall have a notice inserted in the gazette of respective High Court; ii) The animal shall come to belong to the finder after three months; § 5 - The time limits shall be counted from the day of the first announcement; § 6 - The prescribed procedure shall always be gratuitous, except the announcement, which will be paid for by the owner or finder, if the former does not appear at the appropriate time. § 7 - If the person in whose possession the animal is kept does not have the means to support the same, or he is under the risk of suffering decline in health, he may apply that the same be auctioned and the amount deposited; § 8 - In such cases the provisions of the preceding paragraphs shall apply to the amount deposited;

The owner of the lost or strayed animal shall be bound to pay the expenses incurred on the animal, subject to the provision of the preceding article, if he doesn’t opt to abandon it.

The finder who does not follow the obligations imposed shall be bound in addition to civil and personal liability, to restore the animal or its value to the owner at all times at such time as the latter turns up, without any compensation for what he has done with the animal.

Abandoned movables may be freely occupied by any person, who finds them first.

In the occupation or the delivery of movables, abandoned at transport or traffic stations or at customs, or any other fiscal houses, the provisions contained in the respective regulations of the railways, postal services, delivery of posts, customs, and other authorities shall be observed.

Lost movables may be taken possession of in the cases and on the terms laid down in the following articles.

Whoever finds a lost thing, and knowing whose it is shall comply with the provisions of articles 406 and 407.

Whoever finds a lost thing, and does not know whose it is, shall, within three days, inform the administrative authority of the parish, within whose jurisdiction the thing was found, declaring the nature of the thing, its approximate value and the day and place where it was found, in order that the said authority may affix on the door of the Parish Church the notice of the fact. § Sole paragraph - The said authority shall keep one book duly numbered, initialed with opening and closing remarks, in which the aforesaid notices shall be copied, declaring on which day they were so affixed, and the authority shall affix its signature and note of the compliance report.

If the value of the thing exceeds 3000 reis6, the administrative authority of the Parish, shall simultaneously with the affixation of the notice mentioned in the preceding article, send one copy thereof to the gazette, of the High Court of the respective judicial district, for its publication.

The notices mentioned in the preceding two articles shall be issued officially and free of cost.

The owner of the thing shall pay all expenses incurred on its preservation by its finder, if he does not desire to forfeit the same.

The finder shall appropriate a thing found, on the following terms. § 1 - Where the value of the thing does not exceed 3000 reis, in the event the owner does not turn up within 45 days from the date of the affixation of the notice. § 2 - Where the value of the thing exceeds 3000 reis but does not exceed 6000 reis, if the owner does not appear within 3 months from the date of publication of the notice in the Gazette of the respective High Court. § 3 - Where the value of the thing exceeds 6000 reis but does not exceed 12000 reis, if the owner does not appear within half year reckoned from the same date. § 4 - If the value of the thing exceeds 12000 reis, the thing shall belong to the finder after the passage of one year, reckoned from the same date, but with a reservation of 1/3rd of its net value, after deducting the expenditure incurred, and this 1/3rd shall be assigned to the Council for the welfare of the juveniles of the respective judicial division, where the thing was found, or the Magistracy who substitutes it.

Those who find any lost things, and do not comply with the steps which they are bound to follow, shall be bound to restore to the owner the thing found or its value, without being entitled to any expenses incurred therein, and shall also, be subject to civil and criminal liability.

When it is not possible to know with certainty whether a thing is lost or abandoned, it shall be presumed to be lost.

Whoever finds buried or hidden any deposit of gold, silver or any other object of value, whose owner is not known shall follow the provisions of articles 406 and 407.

Whoever finds the aforesaid deposit and does not know who the owner thereof is, and it is not evidently known that the deposit is more than 30 years old, he shall announce the find in the Gazette of the High Court of the respective district, and if the owner thereof does not appear within 2 years, the finder shall be the owner of the find, in full or in part, as provided in the following article. § Sole paragraph - Besides the obligation established by this Article, the finder is also bound to inform the fact of the find to the administrative authority of the parish, within a period of 3 days from the day of the event. The administrative authority to whom notice was given, shall immediately give the notice thereof by way of publication and also notices in any periodical, in order that any person, who has a right to it, may collect it within two years, failing which he will lose the right over the same, in accordance with the present article.

If the owner of the thing is unknown, and from the deposit itself it is evident, that it was made more than 30 years earlier, the find shall belong entirely to the owner of the property where the thing was buried or hidden, provided he has found it personally; and, if the same was found by any other person, it shall belong 2/3rd to the owner of the property and 1/3rd to the finder. § Sole Paragraph - If the property, where the deposit was found, is of the nature of emphyteusis or sub-emphyteusis, the holder or sub-holder shall be treated on par with the owner with full ownership for the purposes of this Article.

No one is allowed to search for treasures in private property of another, without the permission of the owner thereof; the offender shall forfeit, in favour of the owner, whatever he found, and he shall also be liable for losses and damages.

No one is permitted to search for treasures in municipal or government properties, in such a manner that damage will be caused to them, without permission from municipal council or respective government office, default being subject to the penalty of the preceding article.

Whoever appropriates a treasure or hidden thing, to the prejudice of the rights of a third party, as provided in the preceding articles, shall forfeit the part which otherwise would have belonged to him, which shall be applied for the benefit of the establishments meant for safeguarding children in the judicial division wherein the treasure was found.

Any matter concerning ship wrecks, their cargo, their goods or objects of private ownership which the sea throws to the shore, or which are seized on the high seas, shall be regulated by the provisions of the Commercial Code and of the administrative laws.

The occupation of animal substances of any nature, grown in public or common waters, which are thrown to the banks or to the shores, shall be regulated by the provisions of Articles 468 and 469, in respect of vegetable substances from the waters.

It is lawful for anyone to occupy any object or natural product, which is not the exclusive property of another, without prejudice to the provisions and restrictions provided in the present Code.

It is lawful for anyone to use public waters in conformity with the administrative regulations. § 1 - If the said waters are navigable or floatable, such use should be made without prejudice to the interests of navigation or floating operations. § 2 - The conflicts, which may arise between the general interests of navigation or floating operations, and the interests of agriculture or of industry shall be resolved administratively.

Where the use, which is intended to be made of public waters, navigable or floatable, depends upon permanent work or construction, the latter shall not be made without the prior permission of the competent administrative authority.

Where in order to make the right of occupation effective, it is necessary to undertake works of permanent character, if the use of the latter is thereafter abandoned for more than 5 years, such right will prescribe in favour of one who does similar works, incompatible with the former.

The owners or possessors of properties, which are crossed by any watercourses, which are neither navigable nor floatable, have the right to use the said waters for the benefit of their properties, provided that from the back flow of the said waters no damage is caused to the properties which are situated at a higher level, and on lower level the point of exit of the remaining waters does not get altered. § Sole Paragraph - By point of exit is meant, that at which one of the marginal sides of river bed ceases to belong to the property for the first time.

The owner of a property, crossed by a watercourse, has the right to alter or change the riverbed or channel thereof, under the same conditions established in the preceding article for the purposes of the use of the waters.

When the watercourses pass through two or more properties, the use of the waters shall be regulated in the following manner: § 1 - Where the water is in excess, each of the owners or possessors of the properties adjacent to the watercourse on both the sides, may use the portion of the water which he deems fit. § 2 - Where the water is not in excess, each of the owners or possessors of the properties fronting the same, shall have right to use one part of the waters, proportionate to the extent and needs of his property. § 3 - Each of the owners or possessors of the properties, referred to in preceding paragraph, may tap the portion of water which he is entitled to from any of the points of his border line, without the other, on the pretext of tapping it from a higher level, being allowed to deprive him of such portion, in full or in part. § 4 - To the exit of the remaining waters, if there are any, the provisions of article 434 shall apply.

The owners or possessors of adjacent properties or properties crossed by watercourses, when joined to other properties, which do not have the same right, are not entitled to use in those properties the aforesaid waters to the detriment of the right which their neighbours have over them.

What is provided in the preceding articles will not prejudice the rights acquired at the time of promulgation of this Code, over certain and specified waters by law, usage and custom, express grant, decree or prescription. § Sole paragraph. Prescription, however, can be looked into for the consequences of this article only when it has ripened after opposition which is not pursued, or involving construction of works in the property at higher level, from which an inference can be drawn of the abandonment of the original right.

The right, however, which the owners have to the use of the waters, which cross or wash their properties, cannot henceforth be acquired by way of prescription, and may be transferred only by way of public deed or public proceeding.

The land owners along any watercourses cannot prevent their neighbours from the use of the waters, for their domestic purposes, provided that they are compensated for the damages that may arise from passage through their properties. § 1 - Such servitude can only take effect, upon verification, that the said neighbours cannot have water from another part, without great inconvenience or difficulty. § 2 - The conflicts, which may arise in this connection, except those relating to compensation, shall be decided administratively. § 3 - The right to use the waters, referred to in this article, is not acquired by way of prescription, but ceases as soon as, by way of construction of any public fountain, the persons, to whom the right is accorded, have the water they need without much difficulty and inconvenience.

Those who have the right to utilize any flowing waters, shall not alter or pollute those which they do not consume, so as to make them unpotable, unusable or prejudicial to those who have equal rights to their use.

The owners or possessors of properties, crossed by or adjacent to any watercourses, shall abstain from doing any act, which may obstruct the free flow of those waters, and shall remove any obstacles to such free course when such watercourses have their source in their properties, in such manner that from such acts and obstacles no damage is caused to their neighbours, either on account of stagnation or back flow of waters, or on account of their delayed flow or loss, except, in the last two cases, on account of their lawful utilization. § Sole Paragraph. When the obstacle to the free course of water does not arise in a certain marginal property or is not attributable to the owner thereof, the manner of its removal shall be regulated by administrative legislation.

When the owners, to the detriment of a third party, fail to comply with the obligations cast on them in the preceding two articles, the works of cleansing as well as of conservation shall be executed at their cost, and they will also be liable for damages, besides, fines, which may be imposed on them as per municipal regulations.

The owner of a property where there may be any spring or source of water may use the same and dispose freely of its use, except where any third party has acquired a right to this use by just title. § Sole paragraph - The provisions of Articles 438 & 439 shall apply to the waters referred to in this article.

If the abovementioned waters are medicinal, its use may be regulated administratively, as may be required by the public interest, so long as the owner is compensated for the damage, that may arise from this.

The owner who through his effort discovers any new spring in his property, may direct the flow of those waters over the properties of others, against the wish of those owners, only if permitted by decree of the Court and upon payment of compensation for damages.

The owner of any source of water is not entitled to change its customary course, if the inhabitants of any locality or group of houses are making use thereof.

If the inhabitants mentioned in the preceding article have not acquired, by just title, the use of the waters, referred to above, the owner may demand the due compensation. § Sole Paragraph: Such compensation shall be proportionate to the damage which may accrue to the owner, on being deprived of the free use of the waters, regardless of the benefit which accrue to the said locality.

If the owner of the property, where the waters originate, changes the course taken by them during the last five years, causing them to flow over the properties of other neighbours, the latter may compel him to restore the waters to their original course. § Sole Paragraph: Such a suit can be filed only within two years from the date of the change.

It is lawful for anyone to search for waters in his property by means of wells, mines or other excavations, provided no prejudice is caused to the rights, which third party may have acquired, by just title, over the waters of such property.

He who, in any manner alters or decreases the waters of a spring or of any reservoir, meant for public use, shall be compelled to restore the things to their previous state.

It is lawful for anyone to open mines or wells in public, municipal or parish lands in order to search for subterranean water, with prior license of the respective administrative or municipal authority.

Torrents and floods of rain waters which flow over lands, highways or public roads may be occupied, during their passage, by any adjacent owner, in accordance with administrative regulations. § Sole Paragraph: Such right can be acquired by prescription only in accordance with article 438.

Rain waters which fall directly over any land or building, may be freely occupied and enjoyed by the owners of the said properties; but they have no right to divert such waters from their normal course and cause them to follow another, without the express consent of the owners of the properties to whom such change may cause damage.

The owners of servient properties are not entitled to acquire by prescription the right to receive the said waters.

It is lawful for anyone to canalize underground or over ground the flow of waters to which they have a right, for the benefit of agriculture or industry, through the agricultural lands of others, when they are not enclosed farms or orchards, gardens, kitchen gardens, or courtyards adjacent to buildings, after payment of compensation for the damage that may result from this, to the said properties. § Sole Paragraph - The owners of servient properties also have the right to be compensated for the damages which may arise in future, from the infiltration or eruption of the waters, or on account of deterioration of the works done to carry the said waters.

The questions relating to the direction, nature and form of the aqueduct and to the amount of compensation, shall be summarily decided by the Court, if the parties do not arrive at an amicable settlement.

Owners of servient properties have right to whatever grows naturally on the embankments or mounds. The said owners are only bound to allow passage for inspection of the aqueduct, or for carrying out the necessary repairs, and also not to do anything which in any manner may cause damage to the aqueduct, or to the course of waters.

The owners of servient properties may, equally, at any time, ask for relocation of the aqueduct to some other part of the same property, if such relocation is beneficial for them, and does not cause damage to the interests of the owner of the aqueduct, provided such change is done at their own cost.

Where, once the aqueduct is constructed, all the water is not necessary for the owners of the aqueduct, and the owner of another property desires to have share in the excess waters, he will be allowed such share upon prior payment of compensation, and in addition he shall have to bear a proportionate share of the expenditure incurred on channelizing the waters upto the spot from where the waters are intended to be used. § Sole Paragraph: If there are different claimants for such excess share, preference will be given to the owners of servient properties.

The owners of the properties, at a level lower than the one to which the aqueduct is taken, are bound to receive the flowing waters, or to give them way, provided they are compensated for the damages arising to them therefrom. § Sole paragraph - Provisions of sole paragraph of Article 456, are also applicable to these properties.

The provisions of the preceding articles are applicable to the waters flowing from ditches, artificial conduits, trenches, drains, furrows or from any other mode of drainage of the properties, when such waters have to cross a property or properties of different owners, to reach any water course or any other route of discharge.

When the possessor of a property situated on the banks of any water course, to the waters of which he is entitled, is able to take advantage of the same only by erecting catchment works, dams, or similar works, which may encroach upon the property of the other neighbour, the latter will not be entitled to object to the said work, once he is compensated in advance for any damage arising from such work. § Sole paragraph - Buildings are excluded from the servitude mentioned in this article.

But, where the neighbour who is subject to the servitude mentioned in preceding article, wishes to take benefit of the said work, he may acquire joint interest therein, upon payment of a part of the expenditure in proportion to the benefit that he may receive.

All have the right to prospect and explore the mines in the lands possessed by them without permission from the Government.

It is lawful for anyone to prospect on the land of others, with consent of its owner; which consent can, in the event of refusal, be made good lawfully. However the exploration, in such case, shall be dependent on the previous grant.

The specification of substances, which are to be considered as minerals, in order that their prospecting and exploration be regulated by special legislation; the restrictions over the rights mentioned in the preceding articles; the laying down of the prior formalities and the conditions and manner in which the said rights may be exercised; as well as the specification of the rights of the surface owners and of the discoverers of the mines, in case of a grant, are reserved for special legislation.

Vegetable substances of any nature grown in public waters, whether such substances are found within the waters, or are washed to the banks or beaches, may be freely occupied by the person, who desires to use them, subject to administrative regulations.

Vegetable substances grown in the common waters, whether they are found in the body of the said waters or are washed up to their banks, may only be occupied by the neighbours in the respective municipality or parish, except with the permission from the municipal council, or unless there is old usage and custom to the contrary.

Vegetable substances mentioned in the previous two articles which are washed up or thrown by the waters over any private property, shall belong to the owner of the said property.

The government or the municipal councils shall make necessary regulations for the waters in public or common domain, as the case may be, so that the right of occupation is exercised in such a manner that the said vegetable substances are utilized conveniently and that there is no adverse effect to the propagation, generation and breeding of fish, or to any other public interest.

The pastures, woods, firewood and other vegetable substances grown on the land belonging to the State may only be occupied with the permission of the government, in accordance with regulations relating to the subject.

The pastures, bushes, firewood and other vegetable substances grown on common lands or lands of municipalities or parishes belong exclusively to the inhabitants of the respective administrative sub division, or parishes, but they may be occupied in conformity with the old usages and customs, or in accordance with regulations that may be framed by the municipal councils.

Possession is the retention or enjoyment of any thing or right. § 1 - Permissive acts or acts of mere tolerance do not constitute possession. § 2 - Possession continues so long as the retention or enjoyment of a thing or right lasts, or the possibility of continuing the same exists.

Possession, as means of the acquisition, may be in good faith or in bad faith.

Possession in good faith is that which arises from title, the defects of which are not known to the possessor. Possession in bad faith is that which occurs in the inverse case.

Possession produces in favour of the possessor the presumption of ownership, which may be taken into greater or lesser consideration, depending upon the circumstances.

Possession is presumed to be in good faith as long as the contrary is not proved, except in the cases, where the law expressly does not admit such presumption.

Only things and rights which are certain and specific, and which can be appropriated, can be the objects of possession.

Possession can be acquired by all those who have the faculty of reason, and even by those who do not have it, in those things which can be the objects of free occupation. § Sole paragraph - In respect of things which are appropriated, those who have no faculty of reason may, nevertheless, acquire possession through persons, who legally represent them.

Possession may be acquired and exercised, in one’s own name, as well as in the name of another. § 1 - In case of doubt, it is presumed, that the possessor possesses in his own name. § 2 - It is presumed, that the possession continues in the name of the person with whom it commenced.

A possessor may lose his possession: 1. By abandonment; 2. By transfer in favour of another, under a title with or without consideration; 3. By destruction or loss of the thing or when the same is excluded from commerce; 4. By possession of another, even against the wishes of the former possessor, if the new possession has lasted for more than one year. § Sole paragraph - The year starts from the time when new possession was taken openly, or, if it is taken clandestinely, from the time it comes to the knowledge of the dispossessed.

On the death of the possessor, his possession passes, by operation of law, to his heirs or successors, from the time of his death, with the same effects of effective possession.

A possessor has right to be retained in, or be restored to his possession, against any disturbance or dispossession, on the following terms.

A possessor, who has apprehension that he is likely to be disturbed or dispossessed by another, may pray for the intervention of the Court, to intimate the person who threatens him, to be restrained from invading his rights, on penalty of Rs. 10,000 to Rs. 30,000 besides losses and damages.

A possessor, who is disturbed or dispossessed, may by use of his own force and authority, maintain himself in or get himself restored to the possession, provided he does so immediately, or he may take recourse to the Court to maintain himself in possession or to recover possession.

If the possessor is dispossessed by force, he has a right to be restored to possession, whenever he sues for it, within a period of one year; the encroacher shall not be heard in the Court, before the restoration is effected.

If the possession is of less than one year, no one shall be entitled to be maintained in or be restored to the possession through the Court, except against those not having a better possession. § Sole paragraph - Better possession, is that which is founded on lawful title; in the absence of title or in the presence of equal titles, better possession is that which is earlier in time; if the possessions are equal, the actual possession is preferable; if both possessions are doubtful, the property shall be put under receivership, as long as it is not decided to whom it belongs.

If the possession has lasted for more than a year, the possessor shall be summarily maintained in or be restored to possession, as long as the question of ownership is not decided.

The suits mentioned in the preceding articles are not applicable to continuous non-apparent servitudes, nor to discontinuous ones, except where the possession is based on a title originating from the owner of the servient property, or from those from whom the latter acquired it.

Whenever an individual is maintained in or restored to the possession through the Court, it shall be deemed that he was never disturbed nor evicted from the possession.

He who is maintained in possession or restored to possession shall be compensated for the damages, which have arisen on account of disturbance or dispossession, in accordance with the following articles.

Restoration of possession shall be done at the place of dispossession, and at the cost of the trespasser.

A possessor in good faith is not answerable for deteriorations or loss of the thing, if he has not given cause for the same.

A possessor in good faith may appropriate the fruits, natural and industrial, which the thing has produced, and which were collected till the day his possession ceased to be in good faith, and the civil fruits corresponding to the duration of the same possession in good faith; but if, at the time when his possession ceased to be in good faith, there are some fruits, natural or industrial, not yet collected, the possessor shall have the right to be reimbursed the expenses incurred in connection with their production and, in addition, a part in the net income proportionate to the duration of his possession in relation to the plucking / gathering operations. § 1 - The liabilities shall be shared in the same manner between the two possessors. § 2 - The owner of the thing may, if he so desires, concede to the possessor in good faith the liberty to conclude the operation of the cultivation and collection of the ungathered fruits, as compensation towards expenses of cultivation and of net income to which he has a right; the possessor in good faith, who, for any reason, does not desire to accept such concession, shall lose the right to be indemnified in any manner. § 3 - Natural fruits are those which the thing produces spontaneously; industrial are those which are produced through human labour; civil fruits are the rents or interest arising from the said thing. § 4 - Good faith is deemed to cease from the time the defects in possession are made known to the possessor through the Court by filing of a suit or in one where it is proved that the defects were known to the same possessor. § 5 - A forcible trespasser is always presumed to be in bad faith.

The possessor in bad faith is liable to pay compensation for damages, except on proof that such damages are not attributable to his fault or negligence, and he shall also be liable for accidental damages, if it is proved, that the same would not have occurred, if the thing would have been in possession of the successful party.

A possessor in bad faith is liable to restore the fruits produced by the thing or which it could have produced during its detention.

The possessor in good faith, as well as possessor in bad faith, have the right to be reimbursed of all the expenditure incurred in the preservation of the property; however only the possessor in good faith is entitled to retain the thing, so long as he is not paid. § 1 - The amount of such expenditure shall be set against with the net income of the fruits received. § 2 - If the restitution is of different things, the retention is admissible only relating to those in which improvements were carried out.

The possessor in good faith, as well as the possessor in bad faith, have the right to remove the useful improvements, which they have made in the thing, provided that they do so without detriment to the same. § 1 - Useful improvements are those which, though not indispensable for the preservation of the thing, nevertheless enhance its value. § 2 - When there is likelihood of causing detriment to the thing at the time of separation of the improvements, the successful party shall give to the evicted person at the time of delivery of the thing, the value thereof; if that is not done, the person evicted shall have the right to retain the thing as if he had possessed it in good faith. § 3 - The possibility of the detriment shall be at the discretion of the successful party. § 4 - The value of the improvements shall be calculated as per their cost, if the same does not exceed the value of the benefit at the time of delivery. If not, the evicted person cannot have more than that value.

A possessor in good faith may take away the luxurious improvements made by him, if it does not cause detriment to the thing. If it does, he has no right to separate them nor is he entitled to their value. § 1 - Luxurious improvements are those which do not increase the value of the thing to which they are added, but are only for the pleasure of the possessor. § 2 - The possibility of the damage shall be assessed by the experts chosen by the parties.

The improvements are set off against the deteriorations.

The possessor in bad faith loses, in favour of the successful party, the luxurious improvements which he has made to the thing of which he was evicted.

Improvements which are not due to the intervention of the evicted person shall revert in favour of the successful party.

The suits for maintaining in possession, and for the restoration of possession, may be instituted by the person disturbed in possession or by the dispossessed person, or by his heirs or representatives, the first only against the trespasser, except a suit for damages against the heirs and representatives; the second, not only against the trespasser, but also against his heirs, and representatives, or against a third party, to whom the thing may have been transferred by any title. § Sole paragraph - The suit to be maintained in possession prescribes on the expiry of one year from the date when disturbance was started; the suit for possession prescribes by the same period from the date of dispossession, or from the date of knowledge thereof to the aggrieved party, in case encroachment has been done clandestinely.

Things and rights are acquired by virtue of possession, just as obligations are extinguished by the fact of their fulfillment not being demanded. The law lays down conditions and the period of time, that are necessary, for one, as well as for the other. This is called prescription. § Sole paragraph - The acquisition of things or rights by possession is known as positive prescription; the discharge of obligations by reason of their fulfillment not being demanded is known as negative prescription.

All things, rights and obligations which are marketable and which are not excepted by law, may be the objects of prescription.

Anyone who has capacity to acquire may avail of prescription, and even persons without such capacity may avail of it, if the prescription is negative. § Sole paragraph - Persons under disability may acquire by way of positive prescription through the persons who legally represent them.

It is not permissible to renounce in anticipation the right to acquire by prescription, or to get exonerated from an obligation by prescription; however, it is permissible to renounce a right already accrued by way of prescription.

Creditors, and all those who have a legitimate interest to see that the prescription becomes effective, may enforce it, even though the debtor or the owner may have renounced his right acquired through the prescription.

Whoever possesses in the name of another cannot acquire by way of prescription the thing possessed, except where there is an adverse claim of title of possession, either arising from a third party, or arising from an objection raised by the possessor which is adverse to the right of the owner, in whose name the possession was being exercised, and not repealed by the latter; but in such case, prescription will start from the date of the said adverse claim of title. § Sole paragraph - It is said that there is an adverse claim of title when the title is substituted by another title capable of transferring the possession or ownership.

Prescription acquired by one co-possessor in relation to the principal object of possession, and to the acts connected with possession, shall benefit the others.

In the same manner, prescription acquired by one co-owner can be availed of by others in relation to acts connected with the property.

The prescription by a joint co-debtor can be availed of by others, except by those in respect of whom all the conditions necessary to operate prescription are not fulfilled. The creditor, however, may demand from the latter the fulfillment of the obligation, with the exclusion of the part which would have fallen on to the debtor who has been exonerated by prescription, if the debt was divided proportionately. § Sole paragraph - Prescription acquired by a principal debtor always benefits the sureties.

The prescription as a means of defence, can only be raised by way of pleadings in a statement in defence, in accordance with Code of Procedure.

The Court cannot suo moto take cognizance, of prescription, unless it is specifically pleaded by the parties.

The State, municipalities, any public establishments or other legal entities, are considered as private persons, in relation to prescription of assets and rights which are capable of private ownership.

Possession for the purpose of prescription should be: 1. Founded on title; 2. In good faith; 3. Peaceful; 4. Continuous; 5. Open and Public. § Sole paragraph - The provisions of this article admit of no exception which is not expressly laid down by law.

Possession with title is one which is supported by just title; just title is the acquisition in any legitimate manner, regardless of the right of the transferor.

Existence of title is not to be presumed: its existence must be proved by the one who so pleads.

Good faith is necessary only at the time of acquisition.

Peaceful possession is that which is acquired without use of force.

Continuous possession is that which is not interrupted in accordance with Article 552 onwards.

Open possession is that which is duly registered, or which is exercised in such a manner that it can be known by the interested parties.

Simple possession may be registered only on the basis of a decree become final for want of appeal, after hearing the Public Ministry, and unascertained interested parties summoned by way of public notice, through which it is made known, that the possessor has possessed the property peacefully, openly and continuously for a period of 5 years.

Registration of simple possession may be made provisionally, when the application is made to prove the possession, and the same is converted into final by endorsement of the decree, the effects of which will be from the date of provisional registration.

Immovables and immobile rights may be acquired by prescription: 1. In case of registration of simple possession, by a lapse of 5 years; 2. In case of registration of title of acquisition, by lapse of 10 years, counted in both the cases from the date of the registration.

In each of the two cases specified in the preceding article, if the possession has lasted for ten years or more, besides the periods established in the same article, the prescription shall operate, regardless of bad faith, or lack of title, save for the provisions of Article 510.

Immovables or immobile rights, in the absence of registration of possession or of the document of title of acquisition may be acquired through prescription only by possession for 15 years.

When, however the possession of immovables or immobile rights mentioned in the preceding article, has lasted for 30 years, prescription shall operate, regardless of bad faith or lack of title, save for the provisions of Article 510.

Exceptions to the provisions of the preceding articles, relating to prescription of immobile rights can arise only in cases expressly laid down by the law.

Rights which, by their nature, are exercised rarely, may be acquired by prescription, in the manner and within the time laid down for the prescription, on proof that during this time they were exercised without objection, whenever it was necessary for the normal and complete enjoyment of that for which, according to its nature or character the thing was useable.

Movable things may be acquired by prescription by possession for a period of 3 years, the possession being continuous, peaceful, and accompanied by just title and in good faith, or by the possession for a period of 10 years, regardless of good faith and just title. § Sole paragraph - Just title and good faith are always presumed.

If a movable is lost by its owner, or obtained by way of a crime or offence, and it is passed to a bonafide third party, prescription shall operate in favour of the latter, only after the passage of 6 years.

Whoever demands the thing, within the period within which he can put up the claim, from the one who has purchased it from the market or in public auction, or from a merchant who deals with things of the same type or similar items, is bound to pay to the bonafide third party the price which the latter had paid for it, except the right of reversion against author of the theft or of violence or against the finder.

Whoever, is bound to another by an obligation to perform, or to do something, may stand relieved of the obligation, if its performance is not demanded for a period of 20 years, and the obligant stands in good faith, at the end of the prescription period, or when the performance is not demanded for a period of 30 years, regardless of good faith or bad faith, except where special prescriptions are provided in law. § Sole paragraph - Good faith, in the case of negative prescription, consists in the ignorance of the obligation. This ignorance is not presumed in case of persons who originally contracted the obligation.

The time of the prescription, is counted from the moment the obligation becomes enforceable, except where another date is specially assigned by law for the commencement of the period.

Obligations which correspond to inalienable rights or which are not subject to limitation of time, cannot be discharged by way of prescription.

The following prescribe by lapse of six months: 1.Debts of lodging houses, guest houses, restaurants, slaughter houses or of any grocery or wine shops arising from lodging, from food or drinks taken on credit; 2.Salaries of workers and of any technical staff, who work on daily wages; 3.Wage of servants who work on monthly wages.

The following prescribe by lapse of one year: 1. Remuneration of teachers and private tutors of arts or sciences, who teach on monthly basis; 2. Remuneration of doctors and surgeons for their calls or surgeries; 3. Emoluments of public officials; 4. Debts of retail businessmen, towards goods sold by them to persons who are not merchants; 5. Salaries of servants who work on a yearly basis; 6. Obligation to pay civil damages for defamation done orally, or in writing, or for any damage caused by animal, or by any person for whom the debtor is answerable; 7. Obligation to make good the damage for simple breach of municipal regulations. § 1 - The prescription in relation to visits of doctors and surgeons, which are continuous and in relation to the same person and illness, starts from the date of the last visit, and the prescription for casual visits from the day on which each visit is made. § 2 - Prescription in relation to the emoluments of public officials starts from the final decree or decision, or from the respective act being separate. § 3 - Prescription of the wages of servants, who work on yearly basis, starts from the day the servant leaves the house of the master.

The remuneration of lawyers, the salaries of judicial attorneys and advances made by them prescribe by a lapse of two years. § Sole paragraph: Such prescription starts as against advocates and attorneys from the day their power of attorney ceases to operate.

The following prescribe by lapse of three years: 1.Salaries of teachers, private tutors, of any art or science, who teach on yearly basis; 2.Salaries or other annual remunerations, for rendering any services, save those cases where there is special prescription.

A person, against whom any of the prescriptions mentioned in these articles is pleaded, may apply, that the objector declares on oath whether the debt was or not paid, and in this case a decision be passed as per the oath, without making mention thereof.

The following prescribe by lapse of five years. 1. Pensions relating to emphyteusis, sub-emphyteusis, census, rents, hire, interest or any installments due, which are paid in certain and prescribed times; 2. Accrued monthly installments of alimony; 3. Obligation to make good losses arising from criminal offences of correctional nature and payment of fines imposed by the court.

As against prescriptions provided by Article 538 onwards, the plea of bad faith cannot be raised if, in addition to the period specified in those Articles, one third of the same time periods had already lapsed.

In obligations which carry payment of interest or rent, the time of prescription of the principal amount starts from the date of the last payment.

The prescription of the obligation to render accounts starts from the day the debtors cease their administration, and the prescription about the net result of such accounts starts from the date of settlement of accounts by agreement or by a court decree become final for want of appeal.

What is provided in this section is to be understood without prejudice to any other special prescriptions established by the law.

The prescription may start, and run, against all and any person, save with the following restrictions.

Prescription cannot start, nor run, against minors or insane persons, until they have someone who represents them, or administers their assets.

Prescription runs against minors only on the following terms: § 1 - Positive prescription does not get complete before the lapse of one year after the impediment of incapacity by minority ceases. § 2 - Negative prescription does not get complete except in the cases of Article 538, 539, 540, 541 & 543 before the passing of one year after the impediment of incapacity by minority ceases. § 3 - What is provided in the preceding paragraphs is applicable to the insane, with a difference that, the impediment is deemed as ended, for the purpose of prescription, upon the lapse of three years, after its ordinary period, if the said impediment has not ceased earlier.

Prescription cannot start nor run: 1. Between spouses; 2. Between wards and persons under administrators, and their guardians and administrators, while the guardianship and the administration lasts; nor when parental authority subsists, in cases where suit by the minor reverts against his parents; 3. Between a third party and a married woman: (1), in relation: to dotal assets, if prescription has not started before the marriage; (2), in relation to immovable assets of the couple, transferred by the husband without consent of the wife, but only to the extent of her share in the assets; (3), in case where the suit by the wife against third party reverts against the husband; 4. Against those who are absent from the kingdom in service of the nation; 5. Against military personnel in active service at the time of war, both outside and within the kingdom except in the cases mentioned in Articles 538, 539, 540, 541 & 543. 6. Between the inheritance and an heir under benefit of inventory, who is in actual possession of the same inheritance, until the said inventory does not come to an end.

Prescription is interrupted: 1. If the possessor is deprived of the possession of the thing or of the right for the period of one year; 2. By service of summons made to the possessor or debtor except where the plaintiff withdraws the suit or the suit is dismissed at the outset or where there is non prosecution of the suit; 3. By attachment, summons for conciliation, judicial protest, counted from the date of occurrence, where within one month from the date of the event, the plaintiff files the suit in the court; 4. By express acknowledgement, either by words or by writing, of the right of the person who may be adversely affected by prescription, or by facts from which such recognition is necessarily implied.

If the notice mentioned in the preceding Article, is declared null and void for absence of jurisdiction or procedural error, the summons will not be without effect, if the defect is remedied within one month, from the day the existence of the defect was legally declared.

The grounds, which cause interruption of prescription in relation to one of the joint debtors, causes interruption in respect of other co-debtors. § Sole paragraph - But if the creditor, agrees to have the debt shared in relation to one of the joint debtors, and demands from him only his share, interruption of the prescription shall not operate in relation to other co-debtors.

The provision of the preceding article is applicable to heirs of the debtor, regardless whether he is joint or sole.

The interruption of the prescription against the principal debtor has the same effects against the surety.

In order that the prescription of any obligation is interrupted in relation to all the debtors where the liability is not joint, acknowledgement or summons to all of them is necessary.

The interruption of prescription, in favour of any of the joint creditors, can be availed by all.

The effect of interruption is to render ineffective for the purpose of prescription the entire period which has run before the date of interruption.

The period of prescription is counted by years, months and days and not by one moment to the other except where the law otherwise provides. § 1 - The year is regulated by the Gregorian calendar. § 2 - The month is always computed at 30 days.

When the prescription is counted by days, it is understood that the days are of 24 hours beginning with the first hour after midnight.

The day on which prescription starts is counted in full even though it is not complete, but the day on which the prescription ends must be complete.

If the last day of the prescription is a holiday, the same is considered as ending on the first subsequent day which is not a holiday.

The prescriptions, which have started to run before the promulgation of this Code, shall be regulated by the previous laws with the following modifications.

No prescription shall operate when the right against which prescription has started has been declared imprescriptible.

Where, in order to be completed, the prescriptions prior to the promulgation of this Code, require respectively, period longer than that assigned in this Code, they will be considered as completed in accordance with its provisions. § Sole paragraph – If the prescriptions commenced require less time, they may in no case be concluded, unless the time of, at least, three months lapses, counted from the promulgation of this Code.

It is lawful for anyone to utilize his effort and labour for the production, the transformation and commerce of any objects. § Sole paragraph – Such right may be restricted by express law, or by administrative regulations authorized by the law.

If however, anyone in exercise of his right to work and labour, infringes on the rights of another, he shall be liable for the damage caused in accordance with the law.

The produce or value of lawful work and labour, of any person is his own property, and is governed by the laws regulating property in general, there being no express provision to the contrary.

It is lawful for anyone to publish by printing, lithography, scenic art, or other similar art, any literary work of his own, independently of any prior sanction, of precaution, or any other restriction, which directly or indirectly obstructs the free exercise of such right, without prejudice to the liability, which they will incur in accordance with the law. § Sole paragraph – The provision of this article is applicable to the right to translation.

It is lawful for anyone to publish laws and regulations, and any other pubic official acts, in exact conformity with the authentic editions, if such acts have already been published by the government.

Speeches made in the legislative chambers, are included in the provisions or any other speeches made officially. The collection, however, of the speeches, or of a part of the speeches, of a certain or specific speaker, can be done only by him, or with his permission.

The lectures of the government teachers and professors, and the sermons, cannot be reproduced by anyone, other than its author, except in a form of an extract, but never in full, except with his permission.

The author of a handwritten work has copyright on it and in no case can it be published without his consent.

Letters sent shall not be published without permission of their authors or of those who represent them, except for their production in any legal proceedings.

A Portuguese author of a writing published by printing, lithography or by any other similar method, within the Portuguese territory, enjoys during his lifetime, the copyright and the exclusive right to reproduce and negotiate his work. § 1 - The authors of any writings have, however, right to cite each other reciprocally, the articles, or passages, for the furtherance of their purpose, provided they indicate the author, the book, or the periodical to which the citations or articles belong. § 2 - The articles published originally in the periodicals, or as part of any work or collection, may be printed by the authors, there being no stipulation to the contrary.

In the rights of the author, referred to in the preceding article, the right of translation is also included. But, if the author is a foreigner, he will not enjoy such right in Portugal beyond 10 years, counted from the date of publication of the work and once the use of such work starts before the expiry of third year from the date of publication. § 1 - In case of transfer, all the copyrights stand transferred to the translator, save as otherwise provided. § 2 - The translator, either Portuguese or foreigner, of a work which has come into public domain, enjoys for a period of 30 years, the exclusive right to reproduce its translation, except if right is given to any other individual to translate again the same work.

A foreign writer is equated to Portuguese authors, if in his country a Portuguese author is equated to the authors of that country.

After the death of any author, his heirs, transferees or representatives are entitled to the copyright, referred to in Art.576, for a period of 50 years.

The State, or any public establishment, who publish on their account any literary work, enjoy the aforesaid right for a period of 50 years, counted from the date of publication of volume or fascicle which completes the work. § Sole paragraph - Where such work consist of collection of writings or notings on different subjects, the period of 50 years shall be counted from the date of publication of each volume.

When a work has more than one author, and each one of them collaborates in it under the same conditions, and in his own name, the copyright in the work shall vest in the person of all its co-authors, and the first period of duration of such copyright shall extend till the death of the last co-authors, to survive the others, provided, however, the profits of the said copyright are shared with the heirs of the deceased co-authors, and the second period shall start when the said last collaborator dies. § Sole paragraph - Where a collective work, in the production of which more than on writer is engaged, is undertaken, drafted and published by only one person and in his name, only upon his death, the second period referred to in this article shall start.

What is provided in the preceding articles, in respect of authors, is applicable to editors, to whom they have transferred the copyright in their works, in accordance with the respective contracts. § Sole paragraph – In such case, however, the period, to which article 579 refers, shall start from the date of the death of the author.

The provisions, which govern the works published with the name of the Author, shall be applicable not only to anonymous works, but also to the pseudonymous ones, as soon as the existence of the author is recognized and proved, or that of his heirs and representatives.

The increase given by Article 579 to the duration of the copyright after the death of the author, the duration which was less in the legislation previous to the present Code, shall revert to the benefit of the heirs of the same author, even though the copyright of his writings may have been transferred to another either in part or in whole.

The editor of a posthumous work of a known author enjoys copyright for a period of 50 years, counted from the date of publication of the work.

The editor of any unpublished work, the author of which is no longer known, nor has been legally acknowledged, enjoys the copyright for a period of 30 years, counted from the date of complete publication of the work.

It is lawful to expropriate any work which has been published, edition of which is exhausted, and which the author and his heirs do not desire to reprint, when the same work has not yet fallen in the public domain. § Sole paragraph - Only the government may expropriate a writing preceded by a law which authorizes the expropriation, after paying compensation to the author, and in conformity in all the rest with the general principles of expropriation for public purpose.

The editor of a work, whether unpublished or printed, but which yet has not fallen in the public domain, is not permitted to change or modify the text, during the lifetime of the author or of his heirs, and shall maintain the title of the work which the author has given to it and the name of the author, except if otherwise provided.

The editor, who has contracted the publication of a work, is bound, in the absence of a stipulation to the contrary, to commence the publication within one year, counted from the date of the contract, and to pursue the same regularly, on the penalty of being liable to pay damages, to the person, with whom he has contracted. § Sole paragraph - The editor, who has contracted successive editions of a work, cannot interrupt their publication, except when it is proved, that there is an unsurmountable difficulty for the production of the work.

Copyright is viewed and regulated like any other movable property, with the modifications, due to its special nature, which law expressly imposes on it.

In cases of vacant succession, the State is not the successor of the copyright and anybody can publish and reprint them, except for the right of the creditors of the inheritance.

Copyright is not subject to prescription.

No copyright is recognized in the writings prohibited by law, and which have been directed by the order of the Court to be removed from circulation.

Drama writers enjoy the following rights, besides the copyright in their writings, in accordance with the provisions of the preceding section.

No dramatic work may be performed in a public theatre where tickets are sold, without consent, in writing, of the author or of his heirs, transferees, or representatives, in the following manner:- § 1 - Where the work is printed, such consent is necessary only, if the author is dead, during the period in which his heirs, transferees or representatives, enjoy the copyright thereof. § 2 - Where the work is posthumous, it cannot be performed without the consent of any heir, or other person to whom the copyright of the manuscript belongs. § 3 - The consent to perform a dramatic work can be unrestricted or restricted to a certain period, a certain place or places or a certain number of theatres.

When, the consent being restricted, the dramatic work is performed in an unauthorized theatre, the net profit of theatrical performance or performances shall revert to the one or the ones whose permission was necessary.

The share in the profit of the theatrical performance which belongs to the authors, cannot be attached by the creditors of any theatre enterprise.

The dramatic author of the drama, who contracted the performance of his work, enjoys the following rights, if the same have not been expressly renounced: 1.Of effecting in his work the alterations and corrections which he deems necessary, provided that without consent of owner of the undertaking, an essential part of the same is not altered; 2.To require that the work if handwritten, is not communicated to persons who are strangers to the theatrical performance.

The author, who contracts, with any undertaking, the performance of his work, is debarred from transferring the same or any imitation thereof in the same locality, to any other undertaking, while the contract subsists.

Where the performance is not staged during the agreed period or in the absence of express agreement, within one year, the author may freely withdraw his work.

All the disputes arising between the authors and the owners of the undertakings shall be decided by the Civil Court.

The author of any work of music, drawing, painting, sculpture or carving has exclusive right to effect the reproduction of his work by carving, lithography, moulding, or by any other method, in accordance with what is provided for literary copyright. § Sole paragraph – The provisions in favour of authors of dramas, contained in the preceding section, are entirely applicable to the authors of musical works, in respect of their performance in the theatres or in any other places where the public is admitted on payment.

In order to enjoy the benefit granted by this chapter, the author or the owner of any work reproduced by printing, lithography, carving, moulding, or any other manner, is bound to conform the following provisions.

Before the publication of any literary work by distribution of copies thereof, two copies of the same shall be deposited in the public library in Lisbon; the librarian shall issue the receipt of the acknowledgement, which shall the recorded in the register kept for this purpose, however without payment of any emolument for this reason. § 1 - Where the work is drama or music or deals with dramatic literature or with the musical art, the delivery of the copies and the registration shall be made before the Royal Conservatory of Lisbon, in the aforesaid manner. § 2 - Where the work is of lithography, carving or moulding, or is related to some of those arts, the delivery and the registration shall be made in the same manner in the academy of the fine arts of Lisbon. In this case, however, the author may instead of deposit of two copies, may make two of the original drawings.

The public library of Lisbon and other establishment, mentioned in the preceding article, shall be bound to publish every month in the official gazette their respective registrations.

The certified copy issued from the registers mentioned in this section, create presumption of the copyright of the work with the effects which arise from such copyright unless the contrary is proved.

Those who infringe the rights recognized and maintained in this chapter are liable, on the following terms for the usurpation of literary and artistic work perpetrated.

Whoever publishes an unpublished work, or reproduces work in the stage of publication, or already published, belonging to another, without his authorization or consent, shall forfeit, in favour of the author or owner of the work, all the copies of the fraudulent reproduction, which may be seized, and he shall pay in addition the value of the entire edition minus the said copies, for the price by which the legal copies are sold or at which they are valued. § Sole paragraph - If the number of copies printed fraudulently and distributed, is not known, the counterfeiter shall pay the value of one thousand copies, beside the ones seized.

Whoever sells or puts for sale any fraudulently printed work, shall be jointly responsible with the editor on terms laid down in the preceding article; and if the work is printed outside the kingdom, the seller shall be liable as if he was editor.

Whoever publishes any manuscript, which includes private letters, without permission of the author, during his lifetime or lifetime of heirs or representatives, shall be responsible for losses and damages. § Sole paragraph: The provision of the article does not come in the way of the right granted under article 575 in respect of private letters.

The author or owner whose work is fraudulently reproduced, may, as soon as he gets knowledge of the fact, apply for Injunction on the reproduced copies, without prejudice to the action for damages, to which he is entitled, even though no copies were found.

Provisions in this section, in respect of civil liability, do not prevent criminal action, which the author or owner may initiate against the counterfeiter or usurper.

Whoever invents any appliance or any saleable product, refines or improves any known product or appliance of the same nature, or discovers any easier and less expensive means, to obtain the same, enjoys the patent over his invention or discovery for a period of fifteen years on the terms set out in this chapter. § Sole paragraph - Any inventor, who in a foreign country obtains a patent, cannot obtain the same in the kingdom, except in accordance with this Code and for the period which in that country remains for the invention to come into public dominion.

From the patent derives exclusive right to produce or to manufacture the objects, which constitute the said invention, or in which it is manifested.

The invention or discoveries related to industries or objects which are unlawful fall outside the subject of authentication.

The duration of exclusive patent over the invention shall start from the date of grant of the privilege.

The scope of the exclusive patent is restricted to the specific object, and shall never be applicable to others on the pretext of close relation or connection.

The expropriation of the inventions may be decreed by the law in cases in which the public utility demands.

The grantee or his representatives may during the subsistence of the grant, add to their inventions the improvements and modifications which they deem fit.

He who effects the additions enjoys to the extent of additional improvement, the same rights as are granted in respect of the main grant but so long as the latter subsists.

He who effects the addition, however, may apply for new grant for the improvement conforming to the provisions which regulate the main grant.

The concession of benefit of an improvement cannot be granted during the first year of the grant conferred to the corresponding invention except to the person who obtained such privilege.

The third party who asks for similar privilege, may, before the end of the year, present his application, closed and sealed in the competent office where he shall take note of delivery. § Sole paragraph - The deposit, mentioned in this article can be availed by the depositor to get the preference as against any other person who may present it later except the privileged person who is always preferred provided he applies within the same year.

The third party who applies for a patent of improvement, is deemed for the purposes of grant of patent as the principal inventor.

It is the function of the laws and administrative regulations to authenticate and secure exclusive ownership of the inventions.

Patents are governed by general laws which regulate movable property except for the following provisions.

The transfer of the privilege either without consideration or with consideration may be effected only by public deed.

The transferees of any principal privilege enjoy additional privilege, granted to the author or to his representative and reciprocally in cases in which this is possible unless there is a stipulation to the contrary.

The descriptions, drawings, models and specifications required for concession of certificate shall be shown without fees to any person who desires them, as well as they will be given any copies, on payment of the fees. It is the duty of the Government to make necessary regulations for the purpose.

After the end of the second year of the privilege the drawings and descriptions shall be published either fully or by extract.

It is the duty of the Government to declare officially the inventions which have fallen within the public dominion.

The privileges granted in the following cases are null and void; 1. Where the inventions or discoveries are known to the public in practice or theory, by any technical description published in national or foreign writings or by any other method; 2. Where there is certificate already granted over the same object; 3. Where the inventions or discovery is found prejudicial to the security or public health or is contrary to the laws; 4. Where the title given to the invention fraudulently includes a different object; 5. Where the description given does not indicate all that is necessary for the execution of the invention or true means of the inventor; 6. Where the privilege is obtained in breach of formalities prescribed by law; 7. Where the privilege of refinement or improvement does not consist in the thing which facilitates the work and amplifies its utility but simply in the change of the form or proportion or in mere decorations.

Whoever dose not give effect to his invention within the period of two years from the date of grant of privilege or stops using the same for two consecutive years, without justified cause, shall lose the said privilege.

The Public Ministry as well as the persons having direct interest in the rescission of the privilege may institute competent suits. If the suit is instituted by the Public Ministry, the interested person shall be allowed to intervene as co-plaintiff; but the Public Ministry shall always intervene in the suits which the interested parties may institute.

The suit for nullity in case of article 632 becomes barred by limitation by the lapse of one year without objection from the interested parties; in other cases it lasts until exclusive rights to the invention subsists.

Whoever during the subsistence of the exclusive rights to the invention, violates the rights of the holder of the Patent, reproducing without his authorization, the object of the same invention or by selling, concealing or deliberately introducing work of the same type, manufactured outside the kingdom, is liable for compensation for the damages caused besides being criminally liable for penalty as per provisions of the Penal Code.

The holders of certificates or their representatives, may apply in case of suspicion of counterfeit, for seizure of counterfeited objects or of instruments which may only be utilized for their fabrication upon furnishing prior security. § Sole paragraph - In this case, however, if the applicant does not file a suit within fifteen days, the seizure shall stand vacated and the opponent may sue the applicant for losses and damages.

Where the action for counterfeit is decided in favour of the applicant, the seized objects will be given to the applicant either in a criminal case or civil case, towards compensation payable to him; but if the adjudication is done in criminal case the complainant may put forward his claim for balance of full compensation only by a civil suit.

The aggrieved party on account of counterfeit may use either criminal action or simple civil action for damages; in either case the Public Ministry shall be heard.

The criminal court which takes cognizance of the counterfeit, shall pass decision on all the defences raised by the defendant on the ground of nullity or loss of the right of the complainant.

Contract is an agreement by which two or more persons transfer between them some right or subject themselves to some obligation.

A contract is unilateral or gratuitous, bilateral or with consideration. It is unilateral or gratuitous, when one party promises and the other accepts; it is bilateral or with consideration, when the parties mutually transfer some rights and mutually accept them.

In order that the contract may be valid the following conditions should obtain: 1. Capacity of the contracting parties; 2. Mutual consent 3. Possible object.

All persons who are not excepted by law have capacity to contract.

The contracts may be made by the parties in person or through another person duly authorized.

The contracts made in the name of another, without due authority, produce their effect, if they are ratified before the other party retracts. § Sole paragraph - The performance of the contracts entered into for the benefit of third parties may be demanded by the beneficiaries.

The consent of the contracting parties should be clearly expressed.

The expression of consent may be done orally or in writing, or by facts from which it is necessarily inferred.

As soon as the proposal is accepted, the contract is finalised, except in cases where the law demands some other formality.

Where the contracting parties are present, the acceptance shall be done in the same act of the proposal except if they agree otherwise between themselves.

Where the contracting parties are not present, the acceptance shall be done within the time fixed by the proposer.

If a time has not been fixed, the proposal is deemed as not accepted, if the other party does not respond within eight days in addition to the time normally required for postal service to go and come, or, where there is no postal service, within the time which is found reasonable considering the distances, the facility or difficulty of communications.

The proposer is bound to maintain his proposal whilst he does not receive an answer from other side on terms laid down in the preceding article, otherwise he will be liable for losses and damages which may result from his retraction.

When the reply involves modification of the proposal, such modification shall be considered as a new proposal.

Where at the time of the acceptance the proposer is dead, without the accepter having knowledge of his death, the heirs of the proposer shall be bound to maintain the proposal in accordance with the terms of article 653 unless the contrary follows from nature of the contract.

The consent given by mistake or coercion makes the contract null on the following terms.

An error of consent may turn: 1. On the cause of the contract; 2. On the object of the contract or the qualities of the object of the contract; 3. On the person with whom the contract is entered into or in consideration for whom the contract is made.

The error relating to the cause of the contract may be of law or of fact.

The error of law relating to the cause results in nullity, save in cases where law provides to the contrary.

Where the error relating to cause is of one fact, it will render the contract null if the party who is misled has declared expressly that he entered into the contract only for this reason and this declaration is expressly accepted by the other side.

An error relating to object of the contract or to the qualities of the same object may make the contract null only if the party who is misled has declared, or it is proved by the circumstances of the same contract, equally known to the other party, that, only for this reason and not for any other, the party has contracted.

Where the mistake is in relation to the person with whom the contract is entered into, the provisions of the preceding article, in respect of the object of the contract, shall be applicable; but if the mistake is in relation to the person who is not party to the contract, the provisions of article 660 shall be applicable.

The error which proceeds from fraud or bad faith of one of the contracting parties or of the third party which has direct interest in the contract, render the contract null. § Sole paragraph - Fraud in the contract, means any suggestion or deceit, which is used to lead or keep the other party in error; and by bad faith the dissimulation of the mistake of other contracting party, after same being known.

An error of common or general nature does not render the contract null.