section 2299
Coming together or confounding in good faith
The Portuguese Civil Code, 1867If anyone, in good faith, unites or merges any object belonging to him with an object belonging to another in such manner that they cannot be separated or, if separated will result in loss to any of the parties, the thing joined together shall belong to the owner of the thing which has the greater value provided he indemnifies the owner of the other or delivers to him an equivalent thing. § 1 - The person responsible for the merger shall however be bound to take the thing joined even if it is of greater value if its owner prefers the above mentioned compensation. § 2 - If both the things are of equal value and the owners do not agree over which of the owners shall retain the things, there shall be a licitation between them and the auctioned object shall be adjudicated to the one who offers the highest bid for the same, after the amount paid to the other, the higher bidder shall be bound to pay the same. § 3 - If the Interested Parties do not want to auction the thing shall be sold and each one of them shall have his rightful share in the proceeds of sale.
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