section 380
Enumeration of public things
The Portuguese Civil Code, 1867Public 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.
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