section 1687
Total destruction of the property
The Portuguese Civil Code, 1867General18672540 sections
Statutory text
If the property under emphyteutic is totally destroyed or rendered unusable by force majeure or fortuitous circumstances, the contract shall stand extinguished without prejudice of the right of the owner to recover from the holder the value of the “dominium directum” (literally direct dominion i.e. legal, not equitable ownership or nominal ownership of the original owner i.e. absolute ownership) when this falls on insured properties and the loss is as a result of fire.
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