section 499
Valuable improvements
The Portuguese Civil Code, 1867The 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.
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