section 2301
Casual merger
The Portuguese Civil Code, 1867General18672540 sections
Statutory text
If the joining together or merger takes place accidentally and the thing so joined or merged cannot be separated without loss to any of them they shall belong to the owner of the more valuable thing who shall pay its fair value and if he does not want to do it, the said right shall belong to the owner of the less valuable thing. § 1 - If none of them wants to retain the thing, it shall be sold and each one shall have the part of the price which belongs to him. § 2 - If both the things are of equal value, the provisions of Article 2299 (2) & (3) shall be observed.
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