Section 8

Amendment status not verified — confirm the current text below against the official source.

Civil Code ……………… 1 - 540 iv INTRODUCTORY NOTE  To guide and facilitate the use of the Code as to which articles are in force or not, notes have been inserted wherever possible below the articles or as footnotes all over the text of this translation.  In various areas of law although corresponding Indian Acts have been extended to Goa, there are provisions in the Civil Code which do not have a corresponding provision in the equivalent Indian legislation. Therefore it is often an open arguable question whether a provision of the Civil Code is in force or not.  Unlike certain local legislations like the Code of Communidades, the text of the provisions of which were actually amended, bodily amendments in the text of the articles of the Civil Code were never carried out at any time after Liberation.  This type of amendment was done only once by the Portuguese Central Government at Lisbon, by Decree No.19126 of 16/12/1930, when the text of many articles were amended and subsequent editions of the Code were published with the amended text.  The Family Laws (Marriage, Divorce and Protection of Children) enacted in 1910-11 were also not physically integrated in the body of the Code.  So also the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 enacted in 2016 does not directly and specifically repeal but only states that corresponding provisions shall stand repealed.  A comprehensive re-codification of the Code including in it also the Family Laws, Succession and Inventory into one unit is the need of the hour.  The Portuguese Civil Code, 1867 has survived by virtue of Section 5(1) of the Goa, Daman and Diu Administration Act, 1962.  Article 348 of the Constitution provides for an English translation of legislation which is in a language other than English. Such a translation is to be published in the Official Gazette and shall thereafter be deemed to be the authoritative text thereof in the English language.  The High Court of Bombay at Goa by Order dated 24/03/2017 in Public Interest Litigation (Suo Moto) No.1 of 2017 also ordered that an official translation of this Code in English be prepared. v  In this Code, each provision is referred to as an article which corresponds to what we call section in Indian legislation.  In the said Code, the word Section is a part of a chapter and consists of a number of articles.  Brief titles/ headnotes have been inserted for each Article of the Code so as to facilitate its use.  Many concepts in the Civil Code do not have a synonymous expression in Indian or English Law. Hence various legal concepts and expressions have been translated to the nearest possible meaning considering the fact that this is a case of rendering a mid 19th century exposition of law in elegant, often archaic Portuguese into a legal language understandable to contemporary Indian lawyers. Dr. F.E. Noronha vi CHARTER OF LAW OF 1ST OF JULY 1867 DOM LUIZ, by the grace of God, King of Portugal and Algarves, etc. We hereby make known to all our subjects that the general courts have decreed and we want the law to be as follows: Article 1 – The project of the Civil Code, which is a part of the present law, is hereby approved. Article 2 – The provisions of the said Code shall come into force in the entire continental territory of the Kingdom and adjacent islands, six months after the publication of the present law in the Gazette of Lisbon.  Publication was done from 5th August to 21st September 1867 and the Code came into force on 22nd March 1868. Article 3 – For all the purposes foreseen in the same Code the date of promulgation, shall be the date on which the Code shall come into force in terms of preceding article. Article 4 – All the provisions of the Civil Code, the implementation of which absolutely depends upon the existence of public offices or other institutions, which are not yet created, shall be binding only from the time such institutions function. Article 5 – From the time the Civil Code comes into force, all earlier legislation dealing with matters which the said Code covers shall stand revoked, whether this legislation is general or special. Article 6 – All the modifications to the law, which are made in the future on matters contained in the Civil Code, shall be considered as being part thereof and inserted at the proper place, whether by replacement of the altered articles, or by deletion of repealed articles or by adding those which are necessary.  Only Decree no. 19126 of 16/12/1930 was implemented in this manner. Article 7 – A commission of jurists shall be entrusted by the Government, during the first five years of the implementation of the Civil Code to receive all representations, reports from the vii Courts and any observations, concerning improvements of the said Code and to the solving of difficulties which may arise in the implementation of the same. This Commission shall propose to the Government any measures which, for the purpose indicated, appear to it necessary or convenient. Article 8 – The Government shall frame regulations necessary for the implementation of the present law. Article 9 – The Government is empowered to extend the Civil Code to the overseas provinces, after hearing competent agencies and after making modifications, which are required by special circumstances of the provinces.  In the exercise of this permission, the Government published the Decree of 18/11/1869 extending the Code to the overseas provinces safeguarding the usages and customs of the natives of the New Conquests. The Code came into force therein on 01st July 1870. Subsequently by Decree of 16th December 1880, it ordered safeguarding in favour of the gentile Hindus of Goa without distinction of Old and New Conquests, their special and peculiar usages and customs reviewed and codified by this decree. Article 10 – All the legislation to the contrary stands revoked. We order therefore all the authorities to whom the knowledge and implementation of the said law concerns, to carry out and have the same carried out and observed it as fully as contained therein. The Ministers and the Secretaries of State of Ecclesiastical affairs and Justice and of Naval and Overseas Affairs, to have it printed, published and circulated. Issued in the palace of Ajuda, on 01st July 1867. The King, with seal and coat of arms - Augusto César Barjona de Freitas - Viscount of Praia Grande - Place of great seal of royal arms. Charter of law by which your Majesty having sanctioned the Decree of the general chambers of 26th June last, which approves the project of the Civil Code, which is part of the present law, and the provisions of which shall come into force in the entire continental territory of the kingdom and adjacent islands, six months after the publication of the same law in the Lisbon Gazette; and authorizes the Government to make it extensive to the overseas provinces, effecting to the same viii modifications, which the circumstances therein demand; orders the same decree to be carried out and observed, as fully as contained therein, in the manner herein before declared. For your Majesty’s approval – Joaquim Pedro Seabra Júnior, prepared it. ix x LAW DATED 18TH NOVEMBER , 1869 EXTENDING THE CIVIL CODE TO THE OVERSEAS PROVINCES Taking into consideration the report of the Minister and Secretary of the State of the Naval and Overseas Affairs and in exercise of the powers conferred by Article 9 of the Law of 1 st July, 1867; Having heard the consultative body of the overseas and the Council of Ministers: It is hereby ordered as follows: Article 1: The Civil Code approved by the Charter of law dated 1st July 1867, is extended to the overseas provinces, along with the regulations of the Council on tutelage and divorce causes, dated 12th March 1866 and of Registration of properties dated 14th May of the same year. Article 2: The Code as well as those regulations shall come into force, regardless of their publication in respective Official Gazettes, in all overseas provinces with effect from 1 st July, 1870 and the same day is deemed equally as its publication in the overseas territories for all purposes, with the modifications contained in this decree. Sole Paragraph: The Ministry of Navy and Overseas shall remit to the Governors of the overseas provinces, copies of the Code and of respective regulations to the officials who are entrusted with the work of distribution of the Gazettes. Article 3: The transitory legislation over the slaves, who have been given freedom by the decree dated 25th February last, shall continue in force. Article 4: The marriage performed as per religious rites amongst non-Catholics, shall have civil effects which the Code recognizes to the catholic marriage and civil marriage. Article 5: The registration of ownership shall continue to be mandatory in the overseas, as it was as per Article 10 of the Code of Property credit, approved by decree dated 17th October, 1865. xi Article 6: All the provisions of the Civil Code, the enforcement of which is dependent absolutely on the existence of law offices or other institutions which have not been created, shall be effective only when such offices start functioning. Article 7: The Official Gazettes of the overseas provinces shall be substitutes of the “Gazettes of Relação” for the purpose of all publications referred to in the Code. Article 8: From the date the Civil Code comes into force, all the legislation contrary to that covered by the Civil Code shall stand repealed. Paragraph 1 : The repeal shall not effect:- (a) In India the usage and customs of the New Conquests and of Daman and Diu, compiled in respective codes and which are not contrary to moral or public policy. (b) In Macau, the usage and customs of Chinese in the causes within the competence of the Procurator of Chinese affairs. (c) In Timor, the usage and customs of indigenes in relation to dispute between them. (d) In Guinea, the usage and customs of gentiles known as grumetes in relation to disputes between them. (e) In Mozambique, the usage and customs of Baneanes, Bhatias, Parsis, Muslims, gentiles and indigenes in relation to disputes between them. Paragraph 2 : Wherever the parties mentioned in the preceding paragraph opt for the application of the Civil Code, the same shall be applicable. Paragraph 3 : The Governors of the overseas provinces shall start codifying the usages and customs saved and not codified and shall submit the draft for the approval of the Government. Article 9: A committee of legal advisors shall be entrusted by the Government, for a period of five years from the date of the commencement of the Code, with the task of receiving all the representations, views of the Courts and any other suggestions relating to the improvement of the same Code, and for the solution of the difficulties which may arise in connection with execution of the Code. Such committee shall propose to the Government any other measure which it deems fit for the above purpose. xii Article 10: The Government shall frame regulation necessary for the implementation of the present decree. Article 11: All the legislation contrary to the same shall stand repealed. The Minister and the Secretary of the State relating to the affairs of the Navy and Overseas to take steps for the enforcement of the decree. Seat of the Palace on 18th November, 1869 – King – Luiz Augusto Rebello da Silva. xiii xiv Chronology of Legislation affecting the Code:-  1876 - A Code of Civil Procedure was enacted affecting certain provisions in the remedial part of the Code.  1880 - Code of Usages and Customs of Hindus.  1888 – Portuguese Commercial Code.  1910-1911 – Family Laws:- Law of Marriage and Law of Protection of Children were passed. Amendments are noted in the present translation at appropriate places. Law of Divorce was new and additional to the provisions of the Code.  1912 - Civil Registration Code was passed in Portuguese India affecting the Civil Registration and Notarial Law.  1927 - Notarial decree no. 8373 regulating notarial law.  1930 - Decree no. 19126 was passed with amendments which are already carried out in the text of the Code.  1939 - Code of Civil Procedure deals with many procedural provisions in the Civil Code.  1940 – Concordat. Decree no. 30615.  1946 – Decree on Canonical Marriages.  1961 – Decree no. 43525 dated 07/03/1961 regulating leases. Codigo do Registo Predial, 1959. After Liberation of Goa Daman and Diu  1962 - Goa Daman and Diu Administration Act, Sec 5(1) maintains provisions which have been not repealed  1963 – Evidence Act, Contract Act, Transfer of Property Act, Indian Stamp Act, Registration Act, Child Marriage Restraint Act, Sale of Goods Act, Partnership Act, Lunacy Act, Treasure Trove Act are extended.  1965 – Code of Civil Procedure, 1908, extended to Goa, Daman and Diu.  1987 – Mental Health Act. xv  2016 – Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. xvi Internal Organization of the Civil Code Code, Parts and Books The Code is organized into:- Parts I, II, III & IV Each part has Books Part I Civil Capacity has only one, Sole Book Part II – Acquisition of rights has Book I – Original and unilateral rights Book II – Bilateral rights (Contracts) Books III – Rights acquired solely from another and statutory rights (Succession) Part III – Property: Sole book Part IV – Violation and restitution of rights Book I - Civil Liability Book II – Proof and restitution Books are further divided into Titles, Chapters, Sections and Sub-sections and Divisions and finally articles. xvii xviii PORTUGUESE CIVIL CODE 1867 TABLE OF CONTENTS Contents Articles Page Nos. PART I SOLE BOOK CIVIL CAPACITY ( 1 – 358) 1 TITLE I - Civil capacity and law regulating it in general 1 – 17 3 TITLE II - As to how the status of Portuguese citizen is acquired 18 – 21 5 TITLE III - As to how the Portuguese citizenship is lost 22 – 23 8 TITLE IV - Of the Portuguese citizens in foreign country 24 – 25 9 TITLE V - Of the foreigners in Portugal 26 – 31 9 TITLE VI – Legal or juridical persons 32 – 39 10 TITLE VII – Domicile (40 – 54) 12 Chapter I - General provisions 40 - 42 12 Chapter II - Voluntary domicile 43 – 46 12 Chapter III - Domicile of necessity 47 – 54 13 TITLE VIII – Absence (55 – 96) 15 Chapter I - Provisional curatorship of the assets of the absentee 55-63 15 Chapter II - Definitive curatorship of unmarried absentee 64 – 81 17 Chapter III - Administration of the assets of the married absentee 82 – 96 21 TITLE IX - Legal incapacity due to minority and the manner (97 - 313) 24 of making it good Chapter I - General provisions 97 – 100 24 Chapter II - Parental authority 101 – 184 25 Chapter III - Guardianship of legitimate and illegitimate children 185 – 313 43 TITLE X - Legal incapacity on account of insanity 314 – 336 71 TITLE XI - Incapacity of the deaf-dumb 337 – 339 76 TITLE XII - Incapacity of the prodigals 340 – 352 76 TITLE XIII - Accidental incapacity 353 – 354 79 TITLE XIV - Incapacity as a result of being awarded a penal sentence 355 – 358 80 xix Contents Articles Page Nos. PART II ACQUISITION OF RIGHTS (359-2166) BOOK I (359-640) 85 Original Rights and Rights acquired by one’s own act and will independently of another TITLE I – Original Rights 359 – 368 85 TITLE II – Things which can be object of appropriation and their different kinds in relation to their own nature and to the persons to whom they belong 369 – 382 87 TITLE III – Occupation (Possession) (383-473) 91 Chapter I - General provision 383 91 Chapter II - Occupation of animals 384 – 410 91 Chapter III - Occupancy of inanimate things 411 – 428 98 Chapter IV – Occupancy of common objects and products of nature not appropriated 429 – 473 102 TITLE IV - Rights which are acquired by mere possession and prescription (474 – 566) 112 Chapter I - Possession 474 – 504 112 Chapter II - Prescription 505 – 566 119 TITLE V – Work and Labour (567 – 640) 131 Chapter I - General provision 567 – 569 131 Chapter II - Literary and artistic work 570 – 612 132 Chapter III – Patents 613 – 640 140 BOOK II (641-1722) Rights which are acquired by one’s own act and volition alongwith that of another TITLE I - Contracts and obligations in general (641 – 1055) 149 Chapter I - Preliminary provisions 641 – 643 149 Chapter II - Capacity of contracting parties 644 – 646 150 Chapter III – Mutual consent 647 – 668 151 xx Chapter IV – Object of contracts 669 – 671 154 Contents Articles Page Nos. Chapter V - Conditions and clauses of contracts 672 – 683 155 Chapter VI - Interpretation of contracts 684 – 685 157 Chapter VII – External form of contracts 686 158 Chapter VIII - Recission of contracts 687 – 701 158 Chapter IX – Consequences and performance of contracts 702 – 817 161 Chapter X – Security or guarantee of contracts 818 – 1029 181 Chapter XI - Acts and contracts to the prejudice of third parties 1030 – 1045 229 Chapter XII – Eviction 1046 – 1055 231 TITLE II – Of contracts in particular (1056-1722) 234 Chapter I - Marriage 1056 – 1239 235 Chapter II - Contract of society 1240 – 1317 274 Chapter III - Mandate or attorneyship 1318 – 1369 288 Chapter IV - Contract for personal services 1370 – 1451 297 Chapter V – Gifts 1452 – 1505 311 Chapter VI – Loan 1506 – 1536 320 Chapter VII – Aleatory contracts 1537 – 1543 325 Chapter VIII – Contract of purchase and sale 1544 – 1591 326 Chapter IX – Exchange 1592 – 1594 335 Chapter X -Contract of letting 1595 – 1635 336 Chapter XI – Usury 1636 – 1643 344 Chapter XII - Rent or “Censo Consignativo” 1644 – 1652 345 Chapter XIII – Emphyteusis 1653 – 1705 347 Chapter XIV - Census with reservation 1706 – 1709 357 Chapter XV – Compromise 1710 – 1721 358 Chapter XVI - Registration of transfers of immovable assets and immovable rights 1722 360 BOOK III (1723-2166) Rights which are acquired by mere factum of another or by operation of law TITLE I – Management of Business 1723 – 1734 363 xxi Contents Articles Page Nos. TITLE II – Succession (1735-2166) 365 Chapter I - Preliminary Provisions 1735 – 1738 365 Chapter II - Testamentary Succession 1739 – 1967 366 Chapter III - Intestate Succession 1968 – 2008 412 Chapter IV - Provisions common to testamentary succession and statutory succession 2009 – 2166 420 _______________________________________________________________________________ PART III SOLE BOOK RIGHT TO PROPERTY (2167 – 2360) 455 TITLE I – Preliminary 2167 – 2170 455 TITLE II - Absolute and determinable property 2171 – 2174 456 TITLE III - Sole property and joint property 2175 – 2186 456 TITLE IV - Absolute ownership and limited property (2187 – 2286) 458 Chapter I – General Provisions 2187 – 2189 458 Chapter II – Share 2190 – 2196 459 Chapter III - Usufruct, use and habitation 2197 – 2261 460 Chapter IV – The right of common pastures 2262 – 2266 473 Chapter V – Easements / Servitude 2267 – 2286 474 TITLE V – Right of Enjoyment (2287 – 2314) 478 Chapter I - General Provisions 2287 – 2288 478 Chapter II – Accession 2289 – 2308 479 Chapter III – Right of access or passage 2309 – 2314 484 TITLE VI – Right of transformation (2315 – 2338) 486 Chapter I – General Provisions 2315 – 2316 486 Chapter II - Restriction on property for the protection of property of another 2317 – 2338 486 TITLE VII – Right of exclusion and defence (2339 – 2355) 492 Chapter I - Right of demarcation 2340 – 2345 492 xxii Chapter II - Right to enclose property 2346 – 2353 493 Chapter III – Right of defence 2354 – 2355 494 Contents Articles Page Nos. TITLE VIII - Right of restitution and compensation of violated rights 2356 494 TITLE IX - Right of alienation or transfer 2357 – 2360 495 ________________________________________________________________________________ PART IV VIOLATION OF RIGHTS AND REMEDIES (2361 – 2538) BOOK I (2361- 2403) 499 Civil Liability TITLE I – Preliminary 2361 – 2366 499 TITLE II – Civil liability connected with criminal liability (2367 – 2392) 500 Chapter I - Fixation of responsibility 2367 – 2381 500 Chapter II - Degree of liability arising from criminal acts 2382 – 2392 502 TITLE III - Liability of purely civil nature (2393 – 2397) 505 Chapter I - Liability for failure to perform obligations 2393 505 Chapter II - Liability for damage caused by animals and other privately owned things 2394 – 2395 505 Chapter III - Liability for losses and damage caused in order to avoid other damages 2396 – 2397 505 TITLE IV - Liability for losses and damages due to non observance of regulations or due to neglect or lack of prudence 2398 506 TITLE V - Liability for losses and damages caused by public servants in the performance of their duties 2399 – 2403 507 xxiii Contents Articles Page Nos. BOOK II (2404 – 2538) 511 Proof of rights and their restitution TITLE I – Proofs (2404 – 2534) 511 Chapter I - Proofs in general 2404 – 2407 511 Chapter II - Admission by the parties 2408 – 2417 512 Chapter III - Verification of facts in respect of immovables and movables 2418 – 2419 514 Chapter IV - Documentary evidence 2420 – 2501 514 Chapter V - Res judicata 2502 – 2505 534 Chapter VI – Oral evidence 2506 – 2515 535 Chapter VII – Presumptions 2516 – 2519 537 Chapter VIII – Oath 2520 – 2534 537 TITLE II – Suits 2535 – 2538 540 xxiv PORTUGUESE CIVIL CODE, 1867 DETAILED INDEX OF ARTICLES Page Nos. PART I 1 CIVIL CAPACITY SOLE BOOK TITLE I 3 CIVIL CAPACITY & LAW REGULATING IT IN GENERAL Article 1 – Concept of Judicial personality Article 2 – Concept of right and duty Article 3 – Scope of civil law Article 4 – Sources of rights and obligations Article 5 – Function of civil law Article 6 – Commencement of juridical capacity Article 7 – Principle of equality before the law Article 8 – Principle of non retrospectivity of the law Article 9 – Irrelevance of ignorance or of the desuetude of mandatory law Article 10 – Consequences of violation of mandatory law Article 11 – Prohibition of application of exceptional rules by the use of analogy Article 12 – Principle of legitimation of exercise of right Article 13 – Immunity from damages resulting from exercise of right Article 14 – Conflict of rights Article 15 – Plain concurrence of rights Article 16 – Interpretation and integration of the law Article 17 – Applicability of the Portuguese Civil Code to Portuguese citizens only TITLE II 5 AS TO HOW THE STATUS OF PORTUGUESE CITIZEN IS ACQUIRED Article 18 – Acquisition of Portuguese citizenship Article 19 – Requirements for grant of naturalization Article 20 – Restrictions to the juridical capacity of the citizen by naturalization Article 21 – Registration of certificate of naturalization TITLE III 8 AS TO HOW THE PORTUGUESE CITIZENSHIP IS LOST Article 22 – Loss of Portuguese citizenship Article 23 – Effects of recovery of Portuguese nationality TITLE IV 9 OF THE PORTUGUESE CITIZENS IN FOREIGN COUNTRY Article 24 – Law governing civil acts of the Portuguese in foreign country Article 25 – Extra territorial jurisdiction of Portuguese courts xxv Page Nos. TITLE V 9 OF THE FOREIGNERS IN PORTUGAL Article 26 – Juridical capacity of foreigners in Portugal Article 27 – Law governing the status and capacity of foreigners Article 28 – International jurisdiction of Portuguese Courts Article 29 – International jurisdiction of Portuguese Courts Article 30 – Predominance of treaties Article 31 – Execution of judgements passed by foreign courts TITLE VI 10 LEGAL OR JURIDICAL PERSONS Article 32 – Concept of Juridical persons Article 33 – Recognition of legal persons Article 34 – Capacity of collective persons. Principle of speciality Article 35 – Capacity of legal persons to acquire assets Article 36 – Disposal of assets of dissolved legal persons Article 37 – Collective persons not included in Article 32 Article 38 – Abolition of privilege of restitution in full Article 39 – Regulation of collective persons under private statutes for private purposes TITLE VII 12 DOMICILE CHAPTER I GENERAL PROVISIONS Article 40 – Purpose of the domicile Article 41 – Concept of domicile Article 42 – Types of domicile CHAPTER II VOLUNTARY DOMICILE Article 43 – Domicile in case of more than one residence Article 44 – Change of domicile Article 45 – Domicile in the absence of permanent residence Article 46 – Special domicile CHAPTER III DOMICILE OF NECESSITY Article 47 – Necessary domicile of the minor Article 48 – Necessary domicile of majors subject to guardianship Article 49 – Necessary domicile of married woman Article 50 – Domicile of servants and habitual workers Article 51 – Domicile of public servants Article 52 – Domicile of soldiers and sailors Article 53 – Domicile of the convicted accused xxvi Article 54 – Cessation of necessary domicile Page Nos. TITLE VIII 15 ABSENCE CHAPTER I PROVISIONAL CURATORSHIP OF THE ASSETS OF THE ABSENTEE Article 55 – Provisional curatorship and conservatory measures of the properties of the absentee Article 56 – Who may apply for provisional curatorship Article 57 – Preferential order given in the matter of selection of the curator Article 58 – Inventory and security for the purpose of receiving assets Article 59 – Powers of the provisional curator Article 60 – Appointment of curator ad litem to the absentee Article 61 – Remuneration of the provisional curator Article 62 – Assistance of the Public Ministry to the absentee Article 63 – End of provisional curatorship CHAPTER II DEFINITIVE CURATORSHIP OF UNMARRIED ABSENTEE SECTION I INSTITUTION OF DEFINITIVE CURATORSHIP AND OF ITS EFFECTS Article 64 – Institution of the definitive Curatorship Article 65 – Formalities required for delivery and execution of the judgment Article 66 – Opening of closed will Article 67 – Delivery of the estate to the legatees and other interested parties Article 68 – Exclusion of original curator SECTION II INVENTORY AND THE SECURITY FOR THE ASSETS OF THE ABSENTEE Article 69 – Inventory and security for the delivery of the assets Article 70 – Consequences of non-furnishing of security SECTION III RIGHTS AND OBLIGATIONS OF THE DEFINITIVE CURATOR AND OF OTHER INTERESTED PARTIES Article 71 – Rights of definitive curators Article 72 – Provisions regarding the assets and rights which accrue to the absentee Article 73 – Appropriation of income on the part of curators and other interested parties Article 74 – Other powers and rights of definitive curators Article 75 – Rendering of accounts by the definitive curators Article 76 – In which cases and under what terms the definitive curators may alienate assets of the absentee Article 77 – Compromise and renunciation of the inheritance on the part of curators xxvii Page Nos. SECTION IV TERMINATION OF DEFINITIVE CURATORSHIP Article 78 – Termination of definitive curatorship Article 79 – Effects of termination of the curatorship Article 80 – Return of the absentee or his descendants or ascendants Article 81 – Appearance of other heirs CHAPTER III ADMINISTRATION OF THE ASSETS OF THE MARRIED ABSENTEE SECTION I ADMINISTRATION OF ASSETS OF MARRIED ABSENTEE, HAVING NO ISSUES Article 82 – Inventory of the assets of the married absentee Article 83 – Administration of the assets of the married absentee, without issues Article 84 – Powers of the non-absentee spouse in respect of his/her assets Article 85 – Rights and obligations of the non-absentee spouse in respect of assets of the absentee Article 86 – Return of the absentee Article 87 – Termination of administration Article 88 – Effects of the death of non-absentee spouse Article 89 – Late return of the absentee SECTION II ADMINISTRATION OF THE ASSETS OF THE MARRIED ABSENTEE, HAVING ISSUES Article 90 – Effects of absence, the absentee having left spouse and common issues Article 91 – Administration of the assets of absentee, where the children are major or emancipated Article 92 – Rules applicable in case there are minor children Article 93 – Rules in case the children are not common Article 94 – Late return of the absentee SECTION III SIMULTANEOUS OR SUCCESSIVE ABSENCE Article 95 – Simultaneous or successive absence of both the spouses leaving major issues Article 96 – Simultaneous or successive absence there being minor issues TITLE IX 24 LEGAL INCAPACITY DUE TO MINORITY AND THE MANNER OF MAKING IT GOOD CHAPTER I GENERAL PROVISIONS Article 97 – Definition of minority Article 98 – Legal incapacity of minor xxviii Article 99 – Who can plead Minor’s incapacity Article 100 – Making up for minor’s incapacity CHAPTER II PARENTAL AUTHORITY SECTION I LEGITIMATE CHILDREN Article 101 – Children who are presumed to be legitimate Article 102 – Legitimacy of the children born within 180 days subsequent to marriage Article 103 – How the presumption of Article 101 can be rebutted Article 104 – How the presumption of illegitimacy of the child born after 300 days can be rebutted Article 105 – Challenge based on the impotency of the husband Article 106 – Who can challenge the legitimacy of the children Article 107 – Time limit for challenge of legitimacy by the father Article 108 – Challenge of legitimacy by the heirs of the husband Article 109 – Limitation for the suit which can be instituted by the heirs Article 110 – Condition for acquisition of personality Article 111 – Assertion of the status of legitimate child Article 112 – Locus standi of heirs in the suits for assertion of the status Article 113 – Appointment of tutor to the child and hearing given to mother SECTION II PROOF OF LEGITIMATE FILIATION Article 114 – Proof of legitimate filiation Article 115 – Concept of possession of status Article 116 – Other means of the proof of legitimate filiation Article 117 – Probative value of the registration of the birth Article 118 – Proof admissible against assertion of status SECTION III LEGITIMATED CHILDREN Article 119 – Legitimated children Article 120 – Persons who are benefited by legitimation Article 121 – Effects of legitimation SECTION IV CHILDREN LEGITIMATED THROUGH ACKNOWLEDGEMENT Article 122 – Children who may be legitimated by acknowledgement Article 123 – Eternal form of legitimation by recognition Article 124 – Restrictions on voluntary legitimation through acknowledgement by one of the parents Article 125 – Ingredients of the legitimation by recognition in separate Article 126 – Necessity of the consent of a major child Article 127 – Limitation for challenging the legitimation by recognition of minor child Article 128 – Who can contest the recognition or the challenge to the recognition Article 129 – Effect of legitimation by recognition xxix SECTION V INVESTIGATION INTO ILLEGITIMATE PATERNITY Article 130 – Cases in which investigation into illegitimate paternity is admissible Article 131 – Suit for investigation into maternity Article 132 – Cases in which investigation into paternity or maternity is not permissible Article 133 – Limitation for investigation of suits for declaration SECTION VI SPURIOUS CHILDREN Article 134 – Meaning of spurious children Article 135 – Legal position of children who may not be acknowledged Article 136 – Requirements for demands of maintenance SECTION VII PARENTAL AUTHORITY DURING THE SUBSISTENCE OF MARRIAGE Article 137 – Content of parental authority Article 138 – Attributes of each parent in the exercise of parental authority Article 139 – Exercise of parental authority by mother Article 140 – Duty of parents towards children Article 141 – Limitations on parental power Article 142 – Children’s duties towards parents Article 143 – Corrective power Article 144 – Assets of which parents have right to ownership and usufruct Article 145 – Assets of which parents have right to usufruct only Article 146 – Assets over which only parents have right to administration Article 147 – Assets over which parents have no rights whatsoever Article 148 – Charges on statutory usufruct Article 149 – Cessation of usufruct Article 150 – Restriction on powers of parents as regards children’s assets Article 151 – Furnishing of security Article 152 – Submission of accounts Article 153 – Conflict of interests between parents and minor children Article 154 – Delivery of assets and income to children SECTION VIII PARENTAL AUTHORITY AFTER THE DISSOLUTION OF MARRIAGE Article 155 – Parental authority after death of one parent Article 156 – Inventory of minor’s assets Article 157 – Guardian of child in womb Article 158 – Duties of curator of orphans Article 159 – Appointment of advisors to widow Article 160 – Who may be appointed advisor Article 161 – Prohibition against mother from exercising maternal control Article 162 – Maternal power of re-married mother Article 163 – Administration of the assets of the minor xxx Article 164 – Restoration of the administration Article 165 – Regulation in the event of annulment of marriage or judicial separation SECTION IX PARENTAL AUTHORITY OVER ILLEGITIMATE CHILDREN Article 166 – Parental authority in relation to children legitimated by recognition Article 167 – Parental power over non- legitimated children SECTION X SUSPENSION AND TERMINATION OF PARENTAL AUTHORITY Article 168 – Grounds for suspension of Parental authority Article 169 – Continuance of usufruct Article 170 – Termination of parental authority SECTION XI MAINTENANCE Article 171 – Meaning of maintenance Article 172 – Duty to pay maintenance Article 173 – Duty to pay maintenance in absence of parents Article 174 – Providers of maintenance in absence of parents and other ascendants Article 175 – Maintenance to acknowledged children Article 176 – Devolution of duty to provide maintenance Article 177 – Liability for maintenance in absence of ascendants and brothers or sisters Article 178 – Criteria for fixation of maintenance Article 179 – Termination of duty to provide maintenance Article 180 – Termination or reduction of maintenance due to reprehensible conduct Article 181 – Reduction of maintenance Article 182 – Relinquishment of maintenance Article 183 – Manner of providing maintenance Article 184 – Date of payment of maintenance CHAPTER III GUARDIANSHIP OF LEGITIMATE AND ILLEGITIMATE CHILDREN SECTION I GENERAL PROVISIONS Article 185 – When guardianship of minors arises Article 186 – Mandatory nature of the duty of guardianship Article 187 – Guardianship through whom exercised Article 188 – Territorial Jurisdiction of Courts Article 189 – Intimation of demise of person leaving minor heirs Article 190 – Interim measures and institution of Inventory Article 191 – Judicial intervention suo moto Article 192 – Responsibility of the Judge and the Public Ministry xxxi SECTION II TESTAMENTARY GUARDIANSHIP Article 193 – Appointment of guardian in Will Article 194 – Sole or multiple guardians Article 195 – Lapse of appointment made by mother Article 196 – Successive guardians Article 197 – Appointment of guardian or administrator by third person Article 198 – Term of testamentary guardians SECTION III LEGAL GUARDIANSHIP Article 199 – When legal guardianship arises Article 200 – Devolution of statutory guardianship Article 201 – Duration and confirmation of legal guardianship SECTION IV GUARDIANSHIP BY APPOINTMENT Article 202 – When guardianship by appointment arises Article 203 – Who can appoint the guardian Article 204 – Duration of dative guardianship SECTION V SUPERVISORY GUARDIANS Article 205 – Appointment of pro-guardian Article 206 – Rules about the appointment of pro- guardian SECTION VI CONSTITUTION OF THE FAMILY COUNCIL Article 207 – Composition of the family council Article 208 – Composition of the council with strangers Article 209 – Composition with relatives residing outside the jurisdiction of the Inventory Court Article 210 – Meeting of family council Article 211 – Notice of the meeting Article 212 – Intervention of the child above 14 years Article 213 – Compulsory appearance of the members Article 214 – Penalty for non-appearance Article 215 – Intervention of the Public Ministry and guardian Article 216 – Presiding officer Article 217 – Quorum necessary for decision Article 218 – Conflict of interest Article 219 – Decision by majority SECTION VII CURATORS OF ORPHANS Article 220 – Function of the Public Ministry Article 221 – Powers of the curators of orphans Article 222 – Joint responsibility of the curator and of the Judge xxxii Article 223 – Penalty to the judge when he fails to hear the curator SECTION VIII THE POWERS OF THE FAMILY COUNCIL Article 224 – Power of the family council Article 225 – Single guardian Article 226 – Composition and functions of the council of guardianship SECTION IX PERSONS WHO MAY EXCUSE THEMSELVES FROM BEING GUARDIANS, PROGUARDIANS OR MEMBERS OF THE FAMILY COUNCIL Article 227 – Grounds for exemption of guardianship and pro-guardianship Article 228 – Exemption of the persons who are not relatives Article 229 – When the exemption should be sought Article 230 – When the ground for exemption cease to exist Article 231 – Consequences of rejection of the appeal Article 232 – Effects of exemption Article 233 – Exemption by members of family council SECTION X PERSONS WHO SHALL NOT BE GUARDIANS, PROGUARDIANS OR MEMBERS OF THE FAMILY COUNCIL Article 234 – Persons who are barred of being guardians, pro-guardians, or members of the council SECTION XI PERSONS WHO MAY BE REMOVED FROM THE GUARDIANSHIP Article 235 – Grounds for removal of guardian SECTION XII EXCLUSION OR REMOVAL OF GUARDIANS AND PROGUARDIANS Article 236 – Power of the council for exclusion or removal of guardian and pro-guardian Article 237 – Reasoned order Article 238 – Immediate execution Article 239 – Appeal against the decision of the council Article 240 – Provisional measure in the case of exclusion Article 241 – Provisional measure in case of removal Article 242 – Prohibition for the office for member of family council SECTION XIII RIGHTS AND DUTIES OF THE GUARDIAN Article 243 – Functions of the guardian Article 244 – Acts prohibited to the guardian Article 245 – Restriction to clause 4 of preceding article Article 246 – Amount payable to the guardian by the minor prior to the guardianship xxxiii Article 247 – Remuneration to the guardian Article 248 – Responsibilities of the guardian SECTION XIV ACCOUNTS OF THE GUARDIANSHIP Article 249 – Accounts by the guardian Article 250 – Examination and approval of the accounts Article 251 – Documentation of the accounts Article 252 – Assurance as the expenses incurred by the guardian Article 253 – Interest payable in case of deficit by the guardian Article 254 – Balance in favour of guardian Article 255 – Liability of the guardian in debt Article 256 – Rendering of accounts by heirs or representatives of the guardian Article 257 – Rendering of accounts toward former wards major or emancipated SECTION XV RIGHTS AND DUTIES OF THE PRO-GUARDIAN Article 258 – Functions of pro-guardian Article 259 – Attendance at meetings of the family council Article 260 – Supervision over the administration by the guardian Article 261 – Delegation by guardian to pro guardian Article 262 – Acts prohibited to the pro-guardian and his responsibility SECTION XVI LEASE AND SALE OF THE MINOR’S ASSETS Article 263 – Lease of the assets of the minors Article 264 – Lease upto 3 years Article 265 – Leases for a period exceeding 3 years Article 266 – Leases left to the discretion of the father Article 267 – Sale of movable assets Article 268 – Sale of the immovable assets of the minor Article 269 – Sale of the assets outside the jurisdiction of the inventory Article 270 – Fixing of value of assets Article 271 – Value in case of second auction Article 272 – Second auction or forgoing of alienation Article 273 – Formalities to be observed in case of auction Article 274 – Alienation of assets of the minor subject to the paternal power SECTION XVII GUARDIANSHIP OF LEGITIMATED CHILDREN Article 275 – General rule in respect of guardianship of the children legitimated by recognition Article 276 – Council of neighbours Article 277 – Appointment of the guardian by the acknowledging parent Article 278 – No legal guardianship xxxiv SECTION XVIII GUARDIANSHIP OF ILLEGITIMATE CHILDREN Article 279 – Appointment of the guardian by the father or mother Article 280 – Appointment of the guardian by the Court Article 281 – Suits for maintenance Article 282 – Composition and regime of guardianship Article 283 – Minor deemed as abandoned SECTION XIX GUARDIANSHIP OF ABANDONED MINORS Article 284 – Guardianship of foundlings and abandoned minors Article 285 – Destination of the children after attaining 7 years of age Article 286 – Career of the child Article 287 – Guardian of foundlings or abandoned children Article 288 – Outer limit to impose restrictions Article 289 – Optional emancipation Article 290 – Property rights of a foundling or of an abandoned child Article 291 – Legal emancipation Article 292 – Legal succession of the foundling or the abandoned child Article 293 – Provisions applicable to the foundling or abandoned child in other circumstances SECTION XX GUARDIANSHIP OF THE CHILDREN OF INDIGENTS Article 294 – Protection to the children of indigent persons Article 295 – Right of the parents to get back the children Article 296 – Restrictions of the guardianship vesting on the municipalities SECTION XXI RESCISSION OF ACTS CARRIED OUT BY MINORS Article 297 – Abolition of the privilege of restitution in full Article 298 – Acts of the minor which are not valid Article 299 – Voidable Acts SECTION XXII REGISTRATION OF GUARDIANSHIPS Article 300 – Register of guardianship Article 301 – Contents of the book Article 302 – Alphabetical index Article 303 – Responsibility of the clerk or of the judge xxxv Page Nos. SECTION XXIII EMANCIPATION Article 304 – Modes of emancipation Article 305 – Effects of emancipation Article 306 – Requisites for validity of emancipation by marriage Article 307 – Requisites for validity of emancipation by grant Article 308 – Formalities of the emancipation Article 309 – Proceeding for the emancipated person to get administration of his assets Article 310 – Irrevocability of emancipation SECTION XXIV AGE OF MAJORITY Article 311 – Age for attaining majority and its effect Article 312 – Application for delivery of assets Article 313 – Cases in which the judge should withhold the delivery of the assets TITLE X 71 LEGAL INCAPACITY ON ACCOUNT OF INSANITY Article 314 – Juridical concept of insanity and its modalities Article 315 – Who can apply for interdiction Article 316 – Cases in which the Public Ministry may petition Article 317 – Steps to be observed in the proceedings of interdiction Article 318 – Formation of Family Council Article 319 – Registration and publication of the judgement Article 320 – Priorities according to which the guardianship is granted Article 321 – Effects of interdiction Article 322 – Regime of Guardianship granted in favour of father or mother of the interdicted Article 323 – Regime of Guardianship granted in favour of other spouse Article 324 – Cases in which there is no room for inventory Article 325 – Exemption to render the accounts Article 326 – Powers of husband - guardian Article 327 – Power of wife as guardian Article 328 – Powers of other guardians Article 329 – Expansion of guardianship of interdicted in respect of minor issues Article 330 – Appointment of proguardian Article 331 – Duration of guardianship Article 332 – Main purpose of the guardianship Article 333 – Need of judicial permission for restrictive measures against personal liberty Article 334 – Annulment of act subsequent to judgement Article 335 – Nullities of acts prior to judgement Article 336 – Vacating of the interdiction xxxvi Page Nos. TITLE XI 76 INCAPACITY OF THE DEAF-DUMB Article 337 – Guardianship of deaf-dumb Article 338 – Extent & limits of the Interdiction Article 339 – Who can apply for Interdiction TITLE XII 76 INCAPACITY OF THE PRODIGALS Article 340 – Legal concept of prodigality Article 341 – Who can apply for interdiction Article 342 – Competent Court for the suit Article 343 – Form of the proceedings of interdiction Article 344 – Extension of the interdiction. Registration of the order Article 345 – Capacity of the prodigal Article 346 – Administration of the assets of the prodigal and of his children under disability Article 347 – Patrimonial capacity of the wife of the prodigal Article 348 – Fixation of the quantum for ordinary expenses Article 349 – Appointment of provisional curator Article 350 – Appeal against the acts of the curator Article 351 – Rights and obligations of the administrators of the assets Article 352 – Lifting of the interdiction TITLE XIII 79 ACCIDENTAL INCAPACITY Article 353 – Rescission of acts performed in a state of accidental incapacity Article 354 – Possibility of filing other suits TITLE XIV 80 INCAPACITY AS A RESULT OF BEING AWARDED A PENAL SENTENCE Article 355 – Incapacity resulting from a penal sentence Article 356 – Notification of curator Article 357 – Extension and effects of curatorship Article 358 – Duration of curatorship PART II 85 ACQUISITION OF RIGHTS BOOK I ORIGINAL RIGHTS AND RIGHTS ACQUIRED BY FACTUM AND ONE’S OWN WILL, INDEPENDENTLY OF THE COOPERATION OF ANOTHER TITLE I 85 ORIGINAL RIGHTS Article 359 – Original rights xxxvii Article 360 – Right to existence Article 361 – Right to liberty Page Nos. Article 362 – Inviolability of thought Article 363 – Right to expression Article 364 – Right of action Article 365 – Right of association Article 366 – Right of appropriation Article 367 – Right of defence Article 368 – Characteristics of original rights TITLE II 87 THINGS WHICH CAN BE OBJECT OF APPROPRIATION AND THEIR DIFFERENT KINDS IN RELATION TO THEIR OWN NATURE AND TO THE PERSONS TO WHOM THEY BELONG Article 369 – Juridical notion of a thing Article 370 – Things susceptible to appropriation Article 371 – Things outside commerce Article 372 – Criteria for exclusion of things from commerce Article 373 – Movable and immovable things Article 374 – Immovables by nature and by human act Article 375 – Immovables by operation of law Article 376 – Movables by nature or by operation of law Article 377 – Immobile things and mobiliary things Article 378 – Movables of a house or building Article 379 – Public, common or private things Article 380 – Enumeration of public things Article 381 – List of common things Article 382 – Private things TITLE III 91 OCCUPATION CHAPTER I GENERAL PROVISION Article 383 – Occupation as a means of acquisition CHAPTER II OCCUPATION OF ANIMALS SECTION I HUNTING Article 384 – Hunting Article 385 – Hunting in cultivated lands Article 386 – Hunting in plantation lands Article 387 – Hunting in orchard lands Article 388 – Right to the wounded prey Article 389 – Right to the kill Article 390 – Duties of the hunter Article 391 – Hunting in enclosed properties xxxviii Article 392 – Animals prejudicial to cultivation Article 393 – Protection of fledglings Article 394 – Regulation of hunting SECTION II FISHING Article 395 – Fishing in public waters Article 396 – Prohibition of encroachment in lands on river banks Article 397 – Fishing in private waters Article 398 – Regulation of fishing Article 399 – Fishing in private nurseries SECTION III OCCUPANCY OF WILD ANIMALS, WHICH HAD AN OWNER Article 400 – Occupancy of wild animals Article 401 – Right to the occupied animal Article 402 – Occupation of swarms of bees Article 403 – Escaped ferocious animals SECTION IV OCCUPATION OF DOMESTIC ANIMALS ABANDONED, LOST OR STRAY Article 404 – Occupation of domestic animals Article 405 – Lost animals Article 406 – Duties of the finder Article 407 – Communication to the owner Article 408 – Unknown owner Article 409 – Expenses with the animal found Article 410 – Responsibility of the finder CHAPTER III OCCUPANCY OF INANIMATE THINGS SECTION I OF OCCUPANCY OF ABANDONED MOVABLES Article 411 – Occupancy of movables Article 412 – Things abandoned at transport stations SECTION II OF OCCUPANCY OF LOST MOVABLES Article 413 – Lost things Article 414 – Obligation of finder Article 415 – Unknown owner Article 416 – Publicity as to the thing found Article 417 – Notices to be free of cost Article 418 – Expenses in preserving the thing Article 419 – Rights of the finder xxxix Article 420 – Liability of the finder Article 421 – Presumption of loss of thing SECTION III OCCUPANCY OF TREASURES AND HIDDEN THINGS Article 422 – Meaning of treasure Article 423 – Duty to inform and announce the finding Article 424 – Ownership of treasure Article 425 – Search of treasures in the property of another Article 426 – Search in public property Article 427 – Unlawful appropriation SECTION IV OCCUPANCY OF VESSELS AND OTHER SHIPWRECKED OBJECTS Article 428 – Shipwrecked vessels CHAPTER IV OCCUPANCY OF COMMON OBJECTS AND PRODUCTS OF NATURE NOT APPROPRIATED SECTION I GENERAL PROVISION Article 429 – Animals washed ashore Article 430 – Natural products not appropriated SECTION II WATERS SUB-SECTION I PUBLIC WATERS, AND PARTICULARLY NAVIGABLE AND FLOATABLE WATERS Article 431 – Use of public waters Article 432 – Permanent construction or work Article 433 – Lapse of right due to abandonment of work SUB-SECTION II WATER COURSES WHICH ARE NEITHER NAVIGABLE NOR FLOATABLE Article 434 – Use of waters which are neither navigable nor floatable Article 435 – Alteration of the water bed Article 436 – Sharing of waters amongst adjoining properties Article 437 – Rights of adjoining owners Article 438 – Saving of acquired rights Article 439 – Regulation of future use Article 440 – Domestic use Article 441 – Duty not to pollute excess waters Article 442 – Free flow of water xl Article 443 – Liability of defaulters SUB-SECTION III SPRINGS AND WATER SOURCES Article 444 – Springs and water sources Article 445 – Medicinal waters Article 446 – Flow of falling waters Article 447 – Use by local residents or families Article 448 – Compensation to owner of water sources Article 449 – Change of water course Article 450 – Subterranean waters Article 451 – Fountain or public reservoir Article 452 – Underground water in public land SUB-SECTION IV RAIN WATERS Article 453 – Rain waters from falls and floods Article 454 – Rain waters falling over private property Article 455 – No prescription on rain waters SUB-SECTION V CANALS, PRIVATE AQUEDUCTS AND OTHER WORKS RELATING TO THE USE OF WATER Article 456 – Legal easement of aqueducts Article 457 – Legal procedure Article 458 – Maintenance of aqueduct Article 459 – Change of aqueduct Article 460 – Compulsory sharing of aqueduct Article 461 – Easement for water flow Article 462 – Draining of properties Article 463 – Legal easement for water gates Article 464 – Compulsory sharing of water gates SECTION III MINERALS Article 465 – Search for minerals Article 466 – Search and extraction of minerals in the property of another Article 467 – Regulation of mining SECTION IV VEGETABLE MATTER IN WATER OR LAND SUB-SECTION I VEGETABLES IN WATER OR LAND Article 468 – Occupancy of vegetable matter in water Article 469 – Vegetable substances in common waters Article 470 – Vegetable substances dumped on private land Article 471 – Regulation of right to occupancy SUB-SECTION II VEGETABLE MATTER ON LAND xli Article 472 – Vegetable substances belonging to the State Article 473 – Vegetable substances on Municipal or village land Page Nos. TITLE IV 112 RIGHTS WHICH ARE ACQUIRED BY MERE POSSESSION AND PRESCRIPTION CHAPTER I POSSESSION Article 474 – Concept of Possession Article 475 – Kinds of Possession Article 476 – Meaning of Good Faith and Bad Faith Article 477 – Presumption of Ownership Article 478 – Presumption of Good faith Article 479 – Objects of Possession Article 480 – Capacity to possess Article 481 – Mode of exercise of possession Article 482 – Loss of possession Article 483 – Heritability of Possession Article 484 – Protection and Restoration of Possession Article 485 – Suit to protect possession Article 486 – Restoration and preservation of possession by party himself or through Court Article 487 – Suit for recovery of possession Article 488 – Possession for a period of less than one year Article 489 – Possession for a period exceeding one year Article 490 – Scope of possessory suits Article 491 – Consequences of preservation and recovery of possession by legal means Article 492 – Compensation for disturbing possession Article 493 – Place of Restoration Article 494 – Damage to or loss of thing possessed in good faith Article 495 – Enjoyment by possessor in good faith Article 496 – Liability of possessor in bad faith Article 497 – Return of produce Article 498 – Expenses for conservation Article 499 – Valuable improvements Article 500 – Unnecessary improvements Article 501 – Set off of improvements and deteriorations Article 502 – Unnecessary improvements Article 503 – Improvements not attributable to the possessor Article 504 – Rights to sue for possession – limitation CHAPTER II PRESCRIPTION SECTION I PRESCRIPTION IN GENERAL Article 505 – Concept of prescription Article 506 – Object of prescription Article 507 – Benefit of prescription Article 508 – Bar on relinquishment of rights through prescription Article 509 – Enforcement of prescription by interested parties Article 510 – Acquisition of title by prescription xlii Article 511 – Prescription by joint possessor Article 512 – Prescription acquired by co-owner Article 513 – Prescription by joint debtor Article 514 – Prescription as defence Article 515 – Need to plead prescription Article 516 – Prescription against the State and legal persons SECTION II POSITIVE PRESCRIPTION SUB-SECTION I PRESCRIPTION OF IMMOVABLE THINGS AND INCORPOREAL IMMOVABLES Article 517 – Ingredients of prescriptive possession Article 518 – Possession based on title Article 519 – Proof of title Article 520 – Good faith Article 521 – Peaceful possession Article 522 – Continuous possession Article 523 – Public possession Article 524 – Registration of possession Article 525 – Provisional Registration Article 526 – Time limits for prescription Article 527 – Bad faith and absence of title Article 528 – Absence of registration Article 529 – Absence of registration, bad faith and absence of title Article 530 – Variation from the preceding provisions Article 531 – Rights rarely exercised SUB-SECTION II PRESCRIPTION OF MOVABLES Article 532 – Time limit for prescription of movables Article 533 – Prescription of lost or stolen movables Article 534 – Return of object purchased by third party in good faith SECTION III NEGATIVE PRESCRIPTION Article 535 – General period for negative prescription Article 536 – Counting of time limit for prescription Article 537 – Obligations not subject to prescription Article 538 – Prescriptions of 6 months Article 539 – Prescriptions of one year Article 540 – Prescriptions of two years Article 541 – Prescriptions of three years Article 542 – Acknowledgement on oath as proof of payment Article 543 – Prescription of five years Article 544 – Bad faith Article 545 – Obligations bearing interest or rent Article 546 – Duty to furnish accounts xliii Article 547 – Special prescriptions Page Nos. SECTION IV PROVISIONS RELATING TO BOTH TYPES OF PRESCRIPTION SUB SECTION I SUSPENSION OF PRESCRIPTION Article 548 – Against whom prescriptions may run Article 549 – Suspension of prescription Article 550 – Prescription against minors Article 551 – Causes of suspension SUB SECTION II INTERRUPTION OF PRESCRIPTION Article 552 – Causes of interruption of prescription Article 553 – Survival of the effects of a nullified notice Article 554 – Interruption against sole debtor Article 555 – Interruption against heirs of the debtor Article 556 – Interruption which benefits the surety Article 557 – Interruption in joint liabilities Article 558 – Interruption in favour of joint creditor Article 559 – Effects of interruption SUB-SECTION III COUNTING OF THE PERIOD FOR PURPOSE OF PRESCRIPTION Article 560 – Counting of time Article 561 – Prescription counted by days Article 562 – Beginning and end of prescriptive period Article 563 – Term ending on a holiday SUB-SECTION IV TRANSITORY PROVISIONS Article 564 – Prescriptions which commence before the Code Article 565 – Rights not affected by prescription Article 566 – Transitory provisions regarding counting of time periods TITLE V 131 WORK AND LABOUR CHAPTER I GENERAL PROVISIONS Article 567 – Work as a means of acquisition Article 568 – Liability in the exercise of right to work Article 569 – Ownership of the produce of labour xliv CHAPTER II LITERARY AND ARTISTIC WORK SECTION I LITERARY WORK IN GENERAL Article 570 – Right to publish literary work Article 571 – Publication of statutory instruments Article 572 – Publication of official speeches Article 573 – Publication of lectures and sermons Article 574 – Ownership of manuscripts Article 575 – Letters sent Article 576 – Copyright Article 577 – Rights of foreign author Article 578 – Principle of reciprocity Article 579 – Devolution of the rights of a writer Article 580 – Copyright by the State Article 581 – Co authorship Article 582 – Copyright of Editors Article 583 – Anonymous and pseudonymous works Article 584 – Transitory provision regarding copyright Article 585 – Copyright in posthumous work Article 586 – Work of unidentified author Article 587 – Acquisition of copyright through expropriation Article 588 – Duties of editor Article 589 – Commencement of publication Article 590 – Nature of copyright Article 591 – Work in public domain Article 592 – Copyright not subject to prescription Article 593 – Writings prohibited by law SECTION II COPYRIGHT IN DRAMATIC WORKS Article 594 – Copyright in dramatic works Article 595 – Performance of drama Article 596 – Unauthorized performance Article 597 – Share of the author cannot be encumbered Article 598 – Modifications to the play during performance Article 599 – Legal force of a performance contract Article 600 – Rescission of the contract Article 601 – Jurisdiction SECTION III COPYRIGHT IN ARTISTIC WORK Article 602 – Copyright in artistic works SECTION IV REGULATIONS COMMON TO COPYRIGHT IN LITERARY, DRAMATIC AND ARTISTIC WORKS Article 603 – Pre-requisites for legal protection Article 604 – Compulsory deposit and registration xlv Article 605 – Registration of works Article 606 – Evidentiary value of works SECTION V LIABILITY OF COUNTERFEITERS AND THOSE INFRINGING LITERARY OR ARTISTIC COPYRIGHT Article 607 – Infringement of literary or artistic copyright Article 608 – Fraudulent printing or reproduction Article 609 – Sale of fraudulent work Article 610 – Unauthorized publication of manuscript Article 611 – Injunction on fraudulent work Article 612 – Criminal liability of counterfeiter CHAPTER III PATENTS SECTION I GENERAL PROVISIONS Article 613 – Patents Article 614 – Grant of patent Article 615 – Inventions not susceptible to patent Article 616 – Commencement of patent Article 617 – Scope of patent Article 618 – Expropriation of patent SECTION II ADDITION TO INVENTIONS Article 619 – Addition to inventions Article 620 – Additional privilege Article 621 – Patent for improvements Article 622 – Concession of privilege for improvements Article 623 – Preference amongst third parties as regards improvements Article 624 – Rights of third party applying for patents for improvements Article 625 – Regulations of patents SECTION III TRANSFER OF PATENTS Article 626 – Regulation of Patents Article 627 – External form of transfer of privilege Article 628 – Rights of cessionary SECTION IV PUBLICATION OF INVENTIONS Article 629 – Information of the proceedings of patents Article 630 – Publication of invention Article 631 – Lapse of patent SECTION V NULLITY AND LOSS OF PRIVILEGE xlvi Article 632 – Nullity of patent Article 633 – Loss of patent Page Nos. SECTION VI SUITS FOR NULLITY AND RESCISSION OF PRIVILEGE Article 634 – Locus standi in suits for annulment of patent Article 635 – Limitation for filing suit SECTION VII LIABILITY OF COUNTERFEITERS Article 636 – Liability of counterfeiters Article 637 – Seizure of counterfeited objects Article 638 – Disposal of seized objects Article 639 – Criminal prosecution Article 640 – Jurisdiction of criminal court BOOK II 149 RIGHTS WHICH ARE ACQUIRED BY OWN ACT AND WILL, ALONG WITH ACT AND WILL OF ANOTHER TITLE I 149 CONTRACTS AND OBLIGATIONS IN GENERAL CHAPTER I PRELIMINARY PROVISIONS Article 641 – Definition of contract Article 642 – Unilateral and bilateral contract Article 643 – Requisites of contract CHAPTER II CAPACITY OF CONTRACTING PARTIES Article 644 – Who can enter into contract Article 645 – Formal representation Article 646 – Efficacy of ratification CHAPTER III MUTUAL CONSENT Article 647 – Expression of will Article 648 – Modes of expression Article 649 – Time of formation of contract Article 650 – Contract amongst persons present Article 651 – Contract amongst absent persons Article 652 – Presumed refusal of proposal Article 653 – Maintenance of proposal Article 654 – Counter proposal Article 655 – Liability of the heirs of the proposers Article 656 – Consent given by mistake or coercion Article 657 – Kinds of relevant errors xlvii Article 658 – Error as to cause Article 659 – Error of law as regards cause Article 660 – Error of fact as to cause Article 661 – Error as to object of contract Article 662 – Mistake as to the other party Article 663 – Error arising from fraud or bad faith Article 664 – Error of common and general nature Article 665 – Error of calculation or writing Article 666 – Coercion Article 667 – Considerations which are not relevant in ascertaining fraud or coercion Article 668 – Relinquishment of right of annulment arising from fraud or coercion CHAPTER IV OBJECT OF CONTRACTS Article 669 – Requirements of object of contract Article 670 – Physical impossibility Article 671 – Legal impossibility CHAPTER V CONDITIONS AND CLAUSES OF CONTRACTS Article 672 – Freedom to contract Article 673 – Penal clause Article 674 – Relevance of penal clause Article 675 – Reduction of agreed penalty Article 676 – Tacit stipulations as to performance Article 677 – Cases in which the penalty does not apply Article 678 – Condition precedent Article 679 – Fulfillment of condition precedent Article 680 – Condition subsequent Article 681 – Termination due to fraud Article 682 – Protection of rights in conditional contracts Article 683 – Impossibility of performance CHAPTER VI INTERPRETATION OF CONTRACTS Article 684 – Interpretation of contracts Article 685 – Doubts as to secondary clauses of the contracts CHAPTER VII EXTERNAL FORM OF CONTRACTS Article 686 – External form of contracts CHAPTER VIII RECISSION OF CONTRACTS Article 687 – Annulment on account of legal incapacity Article 688 – Limitation of suit for annulment Article 689 – Annulment by reason of mistake Article 690 – Coercion Article 691 – Rescission for object being outside commerce xlviii Article 692 – Contract for criminal or unlawful purposes Article 693 – Nullity as means of defence Article 694 – Locus standi in suit for annulment Article 695 – Who can avail of nullity Article 696 – Ratification of void contract Article 697 – Effects of annulment Article 698 – Recovery of part payment made to legally disabled party Article 699 – Irregularity in representation of disabled party Article 700 – Annulment not extensible to capable parties Article 701 – Lack of consent of one of the spouses CHAPTER IX CONSEQUENCES AND PERFORMANCE OF CONTRACTS SECTION I GENERAL PROVISIONS Article 702 – General principles as to performance Article 703 – Assignment of contract Article 704 – Contract to be performed alongwith consequences Article 705 – Legitimate clauses for non-performance Article 706 – Compensation for losses and damages Article 707 – Quantum of compensation Article 708 – Stipulation of civil liability Article 709 – Rescission of bilateral contract Article 710 – Mode of performance SECTION II PERFORMANCE Article 711 – Failure to perform agreed act Article 712 – Option to obtain performance through another Article 713 – Negative stipulation SECTION III DELIVERY OF THINGS Article 714 – Mode of delivery of things Article 715 – Alienation of specified things Article 716 – Alienation of generic things Article 717 – Liability for loss or damages Article 718 – Successive alienation Article 719 – Liability for the subject matter Article 720 – Losses and damages in financial obligations Article 721 – Bar on part performance Article 722 – Installment made up of ascertained and unascertained parts Article 723 – Stipulation of financial obligations Article 724 – Payment in cash Article 725 – Where the stipulated currency has ceased to exist Article 726 – Supplementary nature of preceding provisions Article 727 – Nominal nature of cash transactions Article 728 – Choice of debts by debtor Article 729 – Appropriation of payments xlix Article 730 – Payment on account of debt with interest Article 731 – Joint debtors Article 732 – Default in delivery of things SECTION IV ALTERNATIVE PERFORMANCE Article 733 – Performance in the alternative Article 734 – Loss of one of the objects Article 735 – Loss of both the objects by default of the debtor Article 736 – Loss of both the objects due to no fault of the debtor Article 737 – Loss of one of the things due to fault of the creditor Article 738 – Performance in the alternative SECTION V PLACE AND TIME OF PERFORMANCE Article 739 – Place and time of performance Article 740 – Benefit of stipulation of time Article 741 – Anticipated demand Article 742 – Default in payment of debt in installments Article 743 – Demand where time is not stipulated Article 744 – Place of performance Article 745 – Mode of delivery of immovables Article 746 – Expenses of delivery SECTION VI PERSONS WHO CAN PERFORM AND PERSONS IN WHOSE FAVOUR PERFORMANCE IS TO BE MADE Article 747 – Who should perform Article 748 – To whom should payment be made Article 749 – Payment to third party Article 750 – Joint creditors Article 751 – Rights and liabilities of joint creditor Article 752 – Joint debtors Article 753 – Insolvency of joint debtor Article 754 – Right of recovery of the joint debtor Article 755 – Loss of things attributable to joint debtor Article 756 – Defences available to joint debtor Article 757 – Liability of heirs Article 758 – Payment of debt not due SECTION VII PAYMENT AND DEPOSIT Article 759 – Deposit in court Article 760 – Doubt as to liability Article 761 – Efficacy of deposit Article 762 – Withdrawal of unclaimed deposit Article 763 – Operation of judgement Article 764 – Expenses for the deposit SECTION VIII SET-OFF l Article 765 – Set-off Article 766 – Partial set-off Article 767 – Where set-off is not permissible Article 768 – Effect of set-off Article 769 – Payment of debt susceptible to set-off Article 770 – Plurality of debts susceptible to set-off Article 771 – Waiver of right to set-off Article 772 – Debts which cannot be set-off Article 773 – Presumed relinquishment of rights to set-off Article 774 – Claim of set-off against assignee of a debt Article 775 – Saving of the rights of third parties Article 776 – Debts payable at different places Article 777 – Set-off in case of assignment without notice SECTION IX SUBROGATION Article 778 – Payment by third party on behalf of the debtor with his consent Article 779 – Payment by third party without consent of the debtor Article 780 – Subrogation in favour of the lender or usurer Article 781 – Rights of the subrogee Article 782 – Preference to the original creditor over the subrogee Article 783 – Cases in which partial subrogation cannot take effect Article 784 – Order of payments to subrogees SECTION X CESSION (ASSIGNMENT) Article 785 – Cession - Assignment Article 786 – Assignment by onerous title of litigious obligation Article 787 – Efficacy of decree over litigious credit Article 788 – Litigious right Article 789 – Mode of assignment Article 790 – Preference amongst assignees Article 791 – Consequences of notice between the assignors and the debtor Article 792 – Operation of the notice as against third parties Article 793 – Effects of assignments Article 794 – Liability of assignor Article 795 – Time limit for the liability of the assignor SECTION XI MERGER OF RIGHTS AND OBLIGATIONS Article 796 – Merger of rights and obligations Article 797 – Effect of merger on guarantor Article 798 – Effect of merger on the guarantor and the creditor Article 799 – Merger of joint liabilities Article 800 – Impermissibility of merger of debt where inheritance is accepted under benefit of inventory Article 801 – Extinguishment of merger SECTION XII NOVATION li Article 802 – Novation Article 803 – Novation not to be presumed Article 804 – Novation by substitution of the debtor Article 805 – Discharge of debtor Article 806 – Cases where novation does not arise Article 807 – Effects of novation Article 808 – Benefits of novation of joint debt Article 809 – Novation of joint debt Article 810 – Novation of extinguished debt Article 811 – Novation of conditional debt Article 812 – Novation of void debt Article 813 – Nullity of novation Article 814 – Defences available to the substituted debtor SECTION XIII DISCHARGE AND RENUNCIATION Article 815 – Discharge and renunciation Article 816 – Result of discharge in relation to the guarantor Article 817 – Discharge to a joint guarantor CHAPTER X SECURITY OR GUARANTEE OF CONTRACTS SECTION I GUARANTEE SUB-SECTION I GUARANTEE IN GENERAL Article 818 – Definition of guarantee Article 819 – Who can guarantee Article 820 – Capacity of married women to be a guarantor Article 821 – Stipulation of guarantee Article 822 – Accessory character of guarantee Article 823 – Extension of guarantee Article 824 – Requirements of the guarantor Article 825 – Replacement of guarantee Article 826 – External form of guarantee Article 827 – Security for the guarantor Article 828 – Mode of furnishing security Article 829 – Proof of security and regulations thereof SUB-SECTION II EFFECTS OF GUARANTEE IN RELATION TO THE SURETY AND CREDITOR Article 830 – Secondary character of guarantee Article 831 – Liability of debtor and guarantor to pay Article 832 – Demand on the debtor Article 833 – Right to recover properties through execution in case of decree jointly passed lii Article 834 – Effect of compromise with creditor Article 835 – Where there is more than one guarantor Article 836 – Liability for insolvency of the other guarantors Article 837 - Right to recover assets through execution in security contract SUB-SECTION III EFFECTS OF GUARANTEE UPON DEBTOR AND GUARANTOR Article 838 – Guarantor’s right to recover Article 839 – Subrogation of guarantor in the rights of the creditor Article 840 – Guarantor’s right of recovery against joint debtors Article 841 – Defences available in suit for recovery by guarantor Article 842 – Absence of notice of payment to debtor Article 843 – Payment by guarantor before due date Article 844 – Discharge of guarantor SUB-SECTION IV EFFECTS OF GUARANTEE AMONGST GUARANTORS INTER SE Article 845 –Guarantor’s recourse against co-guarantor Article 846 – Defences permissible to the co-sureties (co-guarantors) Article 847 – Liability of one who secures the guarantor SUB-SECTION V EXTINGUISHMENT OF GUARANTEE Article 848 – Extinguishment of guarantee Article 849 – Survival of the security Article 850 – Gift for consideration Article 851 – Effect of discharge of one of the guarantors Article 852 – Moratorium given to debtor without consent of the guarantor Article 853 – Impossibility of complete subrogation of guarantor attributable to the creditor Article 854 – Defences permissible to the guarantor against the creditor SECTION II PLEDGE Article 855 – Definition of pledge Article 856 – Purpose of pledge Article 857 – Pledge of private credit documents Article 858 – Conditions for efficacy of pledge Article 859 – Who can pledge Article 860 – Rights of Pawnee Article 861 – Liabilities of Pawnee Article 862 – Rights of debtor in relation to the pledged object Article 863 – Judicial sale of pledged object Article 864 – Extra judicial sale or adjudication of the pledged object by mutual consent Article 865 – Release of the pledged object Article 866 – Sale for a price different from the guaranteed debt Article 867 – Adjustment of expenses against the proceeds of the thing pledged Article 868 – Stipulation of the setting-off of different interests Article 869 – Eviction of the pledged object upon sale liii Article 870 – Continuance of pledge Article 871 – Presumed remission of pledge Article 872 – Effects of remission of pledge SECTION III ASSIGNMENT OF INCOMES Article 873 – Consignment of incomes Article 874 – Modalities of assignment Article 875 – External form of assignment Article 876 – Duration of assignment of incomes Article 877 – Duration of assignment SECTION IV PRIVILEGES IN CREDITS AND MORTGAGES SUB-SECTION I PRIVILEGES IN CREDITS DIVISION I PRIVILEGES IN CREDITS IN GENERAL AND THEIR DIFFERENT TYPES Article 878 – Meaning of privilege in credit Article 879 – Types of privileges DIVISION II MOBILIARY PRIVILEGES Article 880 – Privileges on fruits of land Article 881 – Privileges on rent of buildings Article 882 - Third category of special mobiliary privileges Article 883 – Fourth category of special mobiliary privileges Article 884 – General mobiliary privileges Article 885 – Privileges of the Public Exchequer Article 886 - Rights of Pawnee DIVISION III IMMOBILE PRIVILEGES Article 887 – Immobile privileges SUB-SECTION II MORTGAGES IN GENERAL Article 888 – Meaning of mortgages Article 889 – Object of mortgage Article 890 – Immobile assets capable of being mortgaged Article 891 – Accessories to mortgage Article 892 – Effects of mortgage Article 893 – Indivisibility of mortgage Article 894 – Capacity to mortgage Article 895 – Who may mortgage Article 896 – Mortgage with condition precedent or condition subsequent liv Article 897 – Preference to creditors of inheritance Article 898 – Mortgage of possessory rights Article 899 – Duration of mortgage of possessory rights Article 900 – Mortgage relating to credit with interest Article 901 – Additional security for mortgage Article 902 – Destruction of mortgaged property Article 903 – Right of the mortgagor Article 904 – Types of mortgages SUB-SECTION III STATUTORY MORTGAGES Article 905 – Meaning of statutory mortgages Article 906 – Credits secured by statutory mortgages Article 907 – Mortgages to secure privileged credits Article 908 – Statutory mortgages which cannot be renounced Article 909 – Assets covered by statutory mortgages SUB-SECTION IV VOLUNTARY MORTGAGES Article 910 – Sources of voluntary mortgages Article 911 – Assets which can be subject to voluntary mortgages Article 912 – External form Article 913 – Duration and conditions of mortgages Article 914 – Successive mortgages over the same property Article 915 – Mortgages over common assets SUB-SECTION V MODE OF EFFECTING MORTGAGE Article 916 – Mode of effecting certain statutory mortgages Article 917 – Assets covered by mortgage effected under Art. 916(1) Article 918 – Statutory mortgage in favour of legally disabled Article 919 – Mode of constituting statutory mortgage in favour of legally disabled and absentees Article 920 – Judicial indication of assets to be mortgaged Article 921 – Powers of family council Article 922 – Registration of mortgage Article 923 – Appeals against deliberation of councils Article 924 – Partial cancellation of mortgage registration Article 925 – Statutory mortgage, in favour of married woman Article 926 – Extent of mortgage and additional security for the same Article 927 – Reduction of mortgage Article 928 – Nullity of renunciation of right to register Article 929 – Measures to secure the dowry of minors Article 930 – Conversion of provisional registration of mortgage into final registration Article 931 – Statutory mortgage in favour of surviving spouse Article 932 – Statutory mortgage for the guarantee of maintenance liabilities Article 933 – Mortgage in favour of property credit establishments Article 934 – Statutory mortgage for guarantee of payment of owelty money lv Article 935 – Statutory mortgage in favour of legatees Article 936 – Making and registration of voluntary mortgage Article 937 – Valuation of assets to be mortgaged SUB-SECTION VI REDEMPTION OF MORTGAGES Article 938 – Redemption of mortgages Article 939 – Notification of registered mortgage creditors Article 940 – Redemption of mortgage guarantees installments Article 941 – Auction sought by third parties Article 942 – Auction insufficient for covering the guaranteed credit Article 943 – Waiver of auction by the applicant Article 944 – Right of mortgage creditors who do not appear Article 945 – Preservation of rights of absentee creditors not fully paid Article 946 – Complete cancellation of encumbrance of mortgage property Article 947 – Compulsory nature of the notice to creditors Article 948 – Rights of mortgage creditors left out SUB-SECTION VII REGISTRATION DIVISION I REGISTRATION IN GENERAL Article 949 - Acts subject to registration Article 950 - Territorial Jurisdiction of Land Registration Office for effecting registrations Article 951 - Consequences of absence of registration Article 952 - Effectiveness of possession apart from registration Article 953 - Juridical or Civil Possession Article 954 - Judicial delivery and possession of immobile assets Article 955 - Transfer of unspecified assets, when found specified later Article 956 - Order of Priority of Inscriptions in Land Registration Office Article 957 - Books to be maintained in the Registration Office Article 958 - Mode of making registration entries Article 959 - Extract of Property Description Article 960 - Extract of Inscriptions Article 961 - Responsibilities of the Land Registrar Article 962 - Responsibility of the Land Registrar for omissions in the registration extract Article 963 - Certificate of Registration Article 964 - Efficacy of registration of mortgages effected in a foreign country Article 965 - Duration of the effectiveness of registration DIVISION II PROVISIONAL REGISTRATION Article 966 - Provisional Registration Article 967 - Transactions subject to provisional registration Article 968 - Discretionary nature of provisional registration Article 969 - Form of provisional registration Article 970 - Conversion of provisional registration into final registration Article 971 - Provisional registration of dowries Article 972 - How provisional registration has to be done Article 973 - Order of priority of provisional registration converted into final lvi Article 974 - Lapse of provisional registration Article 975 - Renewal of provisional registration of suits Article 976 - Provisional registration of certain mortgages Article 977 - Renewal of provisional registration of dowries DIVISION III DOCUMENTS ADMISSIBLE FOR REGISTRATION Article 978 - Documents admissible for final registration Article 979 - Registration of mortgages made in foreign countries Article 980 - Pre-conditions for Registration Article 981 - Refusal of final registration Article 982 - Liability of the Land Registrar for refusal Article 983 - Duplicate of the document to be registered Article 984 - Fake Registration DIVISION IV PUBLICITY OF REGISTRATION AND RESPONSIBILITY OF THE LAND REGISTRARS Article 985 - Publicity of registration and responsibility of the Land Registrars Article 986 - Responsibility of the Land Registrars Article 987 - Special regulation for property registration DIVISION V CANCELLATION OF PROVISIONAL AND FINAL REGISTRATION Article 988 - Cancellation of registration Article 989 - Meaning of cancellation Article 990 - Voluntary cancellation of provisional registration Article 991 - Statutory cancellation of provisional Land Registration Article 992 - Voluntary cancellation of final registration Article 993 - Cancellation of mortgage concerning legally disabled person Article 994 - Cancellation requested on the basis of prescription Article 995 - Cancellation of defective registration Article 996 - Court having jurisdiction for a suit under Article 995 Article 997 - Cancellation of defective inscriptions made in various Land Registration offices Article 998 - Requirements for valid cancellation Article 999 - Void Cancellation DIVISION VI REGISTRATION OF PAST MORTGAGES Article 1000 – Registration of prior mortgages Article 1001 – Assets covered by registration Article 1002 – Right to apply for certain statutory mortgages Article 1003 – Right to apply for registration of mortgages to the benefit of married woman Article 1004 – Provisions applicable to registrations referred to in preceding provisions SUB-SECTION VIII lvii CONTEST BETWEEN PRIVILEGED CREDITS AND CREDITS SECURED BY MORTGAGE AND ORDER OF PAYMENT OF THE SAME Article 1005 – Preferential rights amongst competing creditors Article 1006 – Comparative efficacy of privileged credits and mortgages DIVISION I COMPETING CLAIM OF MOBILIARY CREDITS Article 1007 – Competing claim between general and special privileged credits over mobiliary assets Article 1008 – Preference to mobiliary privilege of credits of the State Exchequer Article 1009 – Concurrence amongst special mobiliary privileges Article 1010 – Priority amongst special privileges under the same number Article 1011 – First preference in privileged credits DIVISION II CONCURRENCE OF IMMOBILE CREDITS Article 1012 – Preference over immobile assets Article 1013 – Concurrence amongst immobile privileges Article 1014 – Priority amongst credits mentioned in Art. 887(2) Article 1015 – When there is concurrence amongst mortgages Article 1016 – Insufficiency of the product of mortgage Article 1017 – Ranking amongst mortgages Article 1018 – Value of unregistered mortgages Article 1019 – Grading of past mortgages Article 1020 – Grading amongst past mortgages registered beyond time Article 1021 – Privileges which subsist after alienation of property Article 1022 – Real encumbrances which subsist after alienation of property Article 1023 – Real encumbrances registered after mortgage or transfer Article 1024 – Right to sue in respect of encumbrances over acquired properties Article 1025 – Ranking of credits recorded in documents liable to be registered SUB-SECTION IX EXTINGUISHMENT OF PRIVILEGES AND MORTGAGES Article 1026 – Extinguishment of privileges Article 1027 – Extinguishment of mortgages Article 1028 – Endorsements to extinguishment of mortgages Article 1029 – Revival of mortgages CHAPTER XI ACTS AND CONTRACTS TO THE PREJUDICE OF THIRD PARTIES Article 1030 – Rescission of acts practiced to the prejudice of third parties Article 1031 – Simulation Article 1032 – Effect of annulment of simulated act Article 1033 – Requisites of suit for revocation of debtors injurious act Article 1034 – Rescission of onerous acts Article 1035 – Rescission of gratuitous acts Article 1036 – Insolvency and bad faith Article 1037 – Rights upon re-transfer Article 1038 – Rescission on renouncement Article 1039 – Rescission of payment in advance Article 1040 – Cession of the suit for rescission lviii Article 1041 – Right of third party transferee to end suit for rescission Article 1042 – Preference unduly obtained by one creditor Article 1043 – Proof of insolvency of debtor Article 1044 – Cessation of suit for revocation Article 1045 – Limitation of suit for revocation Page Nos. CHAPTER XII EVICTION Article 1046 – Eviction Article 1047 – Liability of the alienor Article 1048 – Liability of alienor in bad faith Article 1049 – Partial eviction Article 1050 – Eviction from amongst various transferred things Article 1051 – Cases in which the transferor is not responsible for the eviction Article 1052 – Cases in which the liability of the transferor subsists Article 1053 – Resistance by the purchaser at his sole responsibility Article 1054 – Refusal of right of eviction to the transferor himself Article 1055 – Predominance, within limits, of contractual rights in the matter of eviction TITLE II 235 OF CONTRACTS IN PARTICULAR CHAPTER I MARRIAGE SECTION I GENERAL PROVISIONS Article 1056 – Concept of marriage as a civil contract and its purpose Article 1057 – Secular nature of marriage SECTION II PROVISIONS COMMON TO BOTH THE TYPES OF MARRIAGE Article 1058 – Impediments to marriage Article 1059 – Violation of impediments Article 1060 – Lack of permission for marriage of legally incapable Article 1061 – Grant of permission for marriage of minor Article 1062 – No appeal against grant or refusal of permission Article 1063 – Impediment relating to guardianship Article 1064 – Sanctions against default for other impediments Article 1065 – Marriage of Portuguese in foreign country Article 1066 – Marriage abroad when one of the spouses is Portuguese Article 1067 – Agreement to marry Article 1068 – Marriage through Power of Attorney SUB-SECTION I SPECIAL PROVISIONS REGARDING THE CATHOLIC MARRIAGE lix Article 1069 – Validity of Catholic marriage Article 1070 – Regulation of Catholic marriage Article 1071 – Responsibility of the celebrating priest SUB-SECTION II SPECIAL PROVISIONS REGARDING MARRIAGES SOLEMNIZED AS PER THE PROCEDURE PRESCRIBED BY THE CIVIL LAW Article 1072 – Efficacy of civil marriage Article 1073 – Impediments to civil marriage Article 1074 – Relevance of impediments to marriage Article 1075 – Declaration to be presented to the Civil Registrar Article 1076 – Public notices Article 1077 – Steps after public notices Article 1078 – Adjudication as to impediments recorded Article 1079 – Declaration of the impediments Article 1080 – False declaration of impediment Article 1081 – Solemn celebration of marriage Article 1082 – Illegal celebration - Responsibility of the employee SECTION III PROOF OF MARRIAGE Article 1083 – Proof of marriage Article 1084 – Value of possession of the married status Article 1085 – Proof of marriage celebrated abroad SECTION IV ANNULMENT OF MARRIAGE AND ITS EFFECTS Article 1086 – Annulment of Catholic marriage Article 1087 – Limits of jurisdiction of Ecclesiastical Courts Article 1088 – Execution of Decrees Article 1089 – Annulment of Civil Marriage Article 1090 – Irrelevance of the religion of the newly married Article 1091 – Putative marriage Article 1092 – Good faith of only one of the spouses Article 1093 – Fate of the children Article 1094 – Parental power in relation to daughters Article 1095 – Effect of Annulment on the assets of the spouses SECTION V CONTRACT BETWEEN SPOUSES IN RESPECT OF THEIR ASSETS SUB-SECTION I GENERAL PROVISIONS Article 1096 – Ante-nuptial conventions principle of freedom Article 1097 – External form of convention Article 1098 – Presumed regime of assets lx Article 1099 – Contract of communion of assets between spouses Article 1100 – Contract of communion of acquired assets Article 1101 – Contract of separation of assets Article 1102 – Contract of dowry regime Article 1103 – Void terms of Contract Article 1104 – Reservation of maintenance Article 1105 – Prohibition of change of Matrimonial regime Article 1106 – Contract made between Portuguese abroad Article 1107 – Presumed regime of assets for marriage celebrated abroad SUB-SECTION II MARRIAGE AS PER THE CUSTOM OF THE COUNTRY Article 1108 – Concept of communion of Matrimonial estate Article 1109 – Own Assets Article 1110 – Debts prior to marriage Article 1111 – Meaning of debts prior to marriage Article 1112 – Assets chargeable for debts prior to marriage Article 1113 – Debts subsequent to marriage which may be included in the communion of the marital estate Article 1114 – Debts contracted by husband without intervention of the wife Article 1115 – Other subsequent debts which are not communicable Article 1116 – Capacity of wife to contract debts Article 1117 – Ownership, possession and administration of the assets of the matrimonial estate Article 1118 – Alienation of mobiliary assets of the matrimonial estate Article 1119 – Alienation of the immobile assets of the matrimonial estate Article 1120 – Capacity of the husband to accept or renounce inheritances Article 1121 – End of the communion of Matrimonial estate Article 1122 – Administration of the estate in case of the demise of one of the spouses Article 1123 – Partition of the assets of the estate Article 1124 – Payment of the credits of each of the spouses SUB-SECTION III OF THE SEPARATION OF ASSETS OR OF THE SIMPLE COMMUNION OF ACQUIRED ASSETS Article 1125 – Marriage with simple separation of assets Article 1126 – Provision applicable to simple separation Article 1127 – Complete separation Article 1128 – Separate assets of the wife Article 1129 – Regulation of the debts of the spouses Article 1130 – System of communion of acquired assets Article 1131 – Inventory of individual assets Article 1132 – End of the communion of acquired assets Article 1133 – Debts prior to marriage SUB-SECTION IV OF THE DOTAL REGIME Article 1134 – Dowry system Article 1135 – Who can endow lxi Article 1136 – Content of dowry Article 1137 – Specification of dowry assets Article 1138 – Statement of value of movables in the dowry Article 1139 – Security for the dowry Article 1140 – Conversion into money Article 1141 – Un-changeability of dowry Article 1142 – Liability of the parents or the grandparents of the wife for the dowry Article 1143 – Liability of other endowers for recovery of the dowry Article 1144 – Effective date of dowry Article 1145 – Presumption of delivery of dowry Article 1146 – Liability of parents giving dowry Article 1147 – Dowry on account of legitime Article 1148 – Powers of husband over endowed mobiliary assets Article 1149 – Inalienability of endowed immobile assets Article 1150 – Illegal alienation of endowed immobile assets Article 1151 – Liability of husband for illegal alienation or illegal charge Article 1152 – Absence of prescription in respect of endowed immobile assets Article 1153 – Paraphernal assets Article 1154 – System of paraphernal assets Article 1155 – Regime of husband’s own assets Article 1156 – End of dowry system Article 1157 – Loss of dowry for causes not attributable to the husband or his heirs Article 1158 – Bar on restitutions of endowed mobiliary assets Article 1159 – Interest on delayed dues Article 1160 – Restitution of certain endowed immobile assets Article 1161 – Liability of husband for active debts Article 1162 – Income due from assets of the dowry Article 1163 – Improvement made by husband or his heirs Article 1164 – Ordinary expenses of dowry assets Article 1165 – Restitution of paraphernal assets SUB-SECTION V OF GIFTS BETWEEN PROPOSED SPOUSES Article 1166 – Gifts amongst spouses Article 1167 – Limits of gifts or disposition Article 1168 – Lapse of gifts amongst spouses Article 1169 – Special regime for ante-nuptial gifts Article 1170 – Gift of existing and specific assets Article 1171 – Gift of part or full inheritance Article 1172 – Prior demise of the donee Article 1173 – Legal capacity of betrothed minors Article 1174 – Applicability of general rules relating to gifts SECTION VI GIFTS MADE BY THIRD PERSONS TO THE PROPOSED SPOUSES Article 1175 – Gifts to spouses from third parties Article 1176 – Acceptance by the donee Article 1177 – Prior demise of donee lxii SECTION VII OF GIFTS BETWEEN MARRIED PERSONS Article 1178 – Gifts amongst spouses Article 1179 – Regulation of gift amongst spouses Article 1180 – Prohibition of joint gifts Article 1181 – Revocation of gifts amongst spouses Article 1182 – Supervenience of children. Inofficiousness Article 1183 – Nature acquired by gifted assets SECTION VIII OF GENERAL RIGHTS AND DUTIES OF THE SPOUSES Article 1184 – Ordinary duties of spouses Article 1185 – Duties proper to each of the spouses Article 1186 – Absence of husband abroad Article 1187 – Publication of her writings by married woman Article 1188 – Right to enjoy the privileges of the husband Article 1189 – Administration of the assets of the marital estate Article 1190 – Powers of the woman administratrix Article 1191 – Powers of the husband over immobile assets Article 1192 – Judicial capacity of wife Article 1193 – Incapacity of married woman in property matters Article 1194 – Form of marital authorisation Article 1195 – Mode of prescribing authorisation Article 1196 – Authorisation by authentic or authenticated document Article 1197 – Revocation of authorisation Article 1198 – Effects of authorisation Article 1199 – Effects of judicial authorisation Article 1200 – Who can claim nullity of acts practiced by wife Article 1201 – Ratification of nullity Article 1202 – Sanction against marriages not transcribed in Portugal SECTION IX INTERRUPTION OF CONJUGAL SOCIETY Article 1203 – Mode of interruption against conjugal society SUB-SECTION I OF SEPARATION OF PERSONS AND ASSETS (1) Article 1204 – Grounds of separation of persons and assets Article 1205 – Who can apply for separation Article 1206 – Summoning and constitution of family council Article 1207 – Powers of the family council Article 1208 – Binding force of decisions of family council Article 1209 – Punishability of adultery by spouses Article 1210 – Effect of separation of persons Article 1211 – Effects of separation of assets Article 1212 – Paternal power after separation of spouses Article 1213 – Sanctions against guilty spouses lxiii Article 1214 – Saving of rights of creditors of the marital estate Article 1215 – Effect of separation as to movables Article 1216 – Effect of separation as to immobile assets Article 1217 – Bar of exercise of rights depending on execution of marriage Article 1218 – Reconciliation of spouses SUB-SECTION II OF THE SIMPLE JUDICIAL SEPARATION OF ASSETS Article 1219 – Judicial separation of assets Article 1220 – Effect of separation of regime of general community of assets Article 1221 – Separation in remaining regime Article 1222 – Effective date of separation in regime of separation of assets Article 1223 – Effects of separation Article 1224 – Nature of assets of the separation Article 1225 – Publicity of separation Article 1226 – Duty to contribute to the expenses of the matrimonial estate Article 1227 – Judicial character of separation Article 1228 – Right of objection to creditors of the spouses Article 1229 – Reconciliation of the spouses Article 1230 – Right of the wife to object to third person SECTION X SUBSISTENCE OF WIDOWED SPOUSES Article 1231 – Subsistence of widowed spouse Article 1232 – Duration and fixation of maintenance SECTION XI RE-MARRIAGE Article 1233 – Re-marriage Article 1234 – Marriage in violation of art. 1233 Article 1235 – Incommunicability of certain assets of the re-married person Article 1236 – Succession of children of previous marriage Article 1237 – Incapacity of re-married woman of more than 50 years Article 1238 – Presumption of marital regime in second marriage Article 1239 – Provisions applicable to second marriage CHAPTER II CONTRACT OF SOCIETY SECTION I GENERAL PROVISIONS Article 1240 – Society Article 1241 – External form of society contract Article 1242 – Nullity of leonine society SECTION II UNIVERSAL SOCIETY Article 1243 – Universal society Article 1244 – External form of universal society lxiv Article 1245 – Nature of assets acquired by shareholders Article 1246 – Liability of strictly Universal society for debts of the members Article 1247 – Liability of society of acquired assets for the debts of the shareholders Article 1248 – Dissolution of Universal society SECTION III SOCIETY IN SPECIFIED ASSETS Article 1249 – Society in specified assets Article 1250 – External form SUB-SECTION I MUTUAL RIGHTS AND DUTIES OF SHAREHOLDERS Article 1251 – Liability of shareholders towards society Article 1252 – Eviction of assets brought in by a shareholder Article 1253 – Delay in paying amount due by a shareholder Article 1254 – Diversion of common funds for own benefit Article 1255 – Answerability for profits of the society Article 1256 – Payment made to a shareholder and to society without indication Article 1257 – Payment to individual shareholder to be rateably distributed among shareholders Article 1258 – Liability for damages Article 1259 – Risk of damage to non perishable things Article 1260 – Liability for damage to perishable things Article 1261 – Liability of the society to individual shareholder Article 1262 – Share of profits and losses Article 1263 – Shareholders without defined share Article 1264 – Rights of shareholders who comes in with capital and labour Article 1265 – Partition deferred to a third party Article 1266 – Powers of the administration Article 1267 – Revocation of the powers conferred after constitution of the society Article 1268 – Where several shareholders are administrators Article 1269 – Stipulation of joint action by administrators Article 1270 – Supplementary rules of administration Article 1271 – Shareholder’s freedom of association SUB-SECTION II DUTIES OF SHAREHOLDERS TOWARDS THIRD PARTIES Article 1272 – Liability of shareholders for debts of the society Article 1273 – Rights of creditors of a shareholder Article 1274 – Competing claims of creditors of society and of individual shareholder SECTION IV DURATION AND CESSATION OF SOCIETY Article 1275 – Commencement of society Article 1276 – Determination of society lxv Article 1277 – Survival of society in respect of some of the shareholders Article 1278 – Dissolution of society due to retirement of some of the shareholders Article 1279 – Retirement of shareholder in society for fixed duration Article 1280 – Rules applicable to partition of society assets SECTION V FAMILY SOCIETY Article 1281 – Family Society Article 1282 – Mode of formation of family society Article 1283 – Prevalence of contractual terms Article 1284 – Purpose of family society Article 1285 – Duties of family society Article 1286 – Nature of movables acquired by shareholders Article 1287 – Immovables acquired by shareholders Article 1288 – Risk of deterioration of assets of shareholders Article 1289 – Mode of division of society assets Article 1290 – Partition of undivided immovables Article 1291 – Partition of fruits and produce of immovables Article 1292 – Non- shareholder covered in partition Article 1293 – Other non-shareholders covered in partition Article 1294 – Benefit to the owner of cattle used in the cultivation of immovables Article 1295 – Partition of acquired assets Article 1296 – Profits in cultivation of immovables of others Article 1297 – Simultaneous cultivation of own assets with those of another SECTION VI RURAL PARTNERSHIP Article 1298 – Types of rural partnership SUB-SECTION I AGRICULTURAL PARTNERSHIP Article 1299 – Agricultural partnership Article 1300 – Death of a partner Article 1301 – Precautionary measures to the benefit of the owner partner Article 1302 – Duty to cultivate property Article 1303 – Rules applicable to agricultural partnership SUB-SECTION II PARTNERSHIP IN BREEDING LIVESTOCK Article 1304 – Partnership in breeding livestock Article 1305 – Regulation of partnership Article 1306 – Duties of the partner who treats the animals Article 1307 – Duties of partner who owns Article 1308 – Risk in case of death of animal Article 1309 – Advantage taken from animals who die Article 1310 – Void stipulation regarding certain losses Article 1311 – Disposal of cattle heads Article 1312 – Shearing of cattle with wool lxvi Article 1313 – Duration of partnership Article 1314 – Termination of contract Article 1315 – Rights of creditors of the owner Article 1316 – Rights of the creditors of the partner who treats the animals Article 1317 – Right of follow up of the owner CHAPTER III MANDATE OR ATTORNEYSHIP SECTION I GENERAL PROVISIONS Article 1318 – Meaning of Mandate or Attorneyship Article 1319 – Meaning and kinds of power of attorney Article 1320 – Registered Power of Attorney Article 1321 – Unregistered Power of Attorney Article 1322 – Meaning of power of attorney deemed to be registered Article 1323 – Types of Power of Attorney Article 1324 – Meaning of general and special Power of Attorney Article 1325 – Scope of general Power of Attorney Article 1326 – Proof of mandate Article 1327 – Acts which require registered Power of Attorney Article 1328 – Acts for which unregistered Power of Attorney is sufficient Article 1329 – Acts for which verbal mandate is sufficient Article 1330 – Mandate given to absentees Article 1331 – Presumption of gratuitous nature of mandate SECTION II PURPOSES OF MANDATE, PERSONS WHO MAY GRANT AND ACCEPT POWER OF ATTORNEY Article 1332 – Powers under mandate Article 1333 – Lawfulness of powers Article 1334 – Capacity to accept Power of Attorney SECTION III DUTIES OF THE ATTORNEY IN RELATION TO THE PRINCIPAL Article 1335 – Terms and time limit for the fulfillment of mandate Article 1336 – Duties and responsibilities of attorney Article 1337 – Exclusion of setting-off of profits with losses Article 1338 – Liability for exceeding powers Article 1339 – Rendering of accounts Article 1340 – Money diverted by attorney Article 1341 – Responsibility of joint holders Article 1342 – Sub delegation of Power of Attorney Article 1343 – Position of substituted attorney SECTION IV DUTIES OF THE PRINCIPAL IN RELATION TO ATTORNEY lxvii Article 1344 – Duty to indemnify the attorney Article 1345 – Liabilities on the principal Article 1346 – Terms on which the principal is bound Article 1347 – Remuneration of attorney Article 1348 – Plurality of principals Article 1349 – Right of the attorney to retain SECTION V RIGHTS AND DUTIES OF THE PRINCIPAL AND ATTORNEY IN RELATION TO A THIRD PARTY Article 1350 – Position of principal and attorney in relation to third parties Article 1351 – Exceeding of powers granted by the Power of Attorney Article 1352 – Position of third party in respect of the attorney who exceeds his powers Article 1353 – Acts presumed as unauthorized SECTION VI JUDICIAL MANDATE Article 1354 – Capacity to exercise judicial mandate Article 1355 – External form of judicial mandate Article 1356 – Plurality of judicial mandatories Article 1357 – Refusal of mandate Article 1358 – Bar on sharing results of litigation Article 1359 – Remuneration of attorneys and advocates Article 1360 – Effect of acceptance of mandates Article 1361 – Violation of professional secrecy Article 1362 – Duty to delegate SECTION VII DURATION OF MANDATE Article 1363 – Causes of determination of mandate Article 1364 – Revocation of mandate Article 1365 – Tacit revocation Article 1366 – Death of the Principal Article 1367 – Death of the attorney Article 1368 – Relinquishment by attorney Article 1369 – Effects of extinguishment of mandate CHAPTER IV CONTRACT FOR PERSONAL SERVICES SECTION I DOMESTIC SERVICE Article 1370 – Meaning of domestic service Article 1371 – Nullity of perpetual contract Article 1372 – Prevalence of contractual stipulation Article 1373 – Duration of contract Article 1374 – Wages of the employee Article 1375 – Purpose of contract Article 1376 – Contract for specified time lxviii Article 1377 – Abandonment of service for just cause Article 1378 – Dismissal for just cause Article 1379 – Abandonment of service without just cause Article 1380 – Effects of the contract in relation to the employer Article 1381 – Lawful reasons for dismissal Article 1382 – Unlawful dismissal Article 1383 – Duties of employee Article 1384 – Duties of the employer Article 1385 – Extinguishment of the contract by death of the parties Article 1386 – Legacy left to the employees Article 1387 – Suit for wages Article 1388 – Payment for damages caused by the employee Article 1389 – Service contract with minors Article 1390 – Minor employee without a representative SECTION II SALARIED SERVICE Article 1391 – Meaning of salaried service Article 1392 – Duties of salaried employee Article 1393 – Wages of salaried employee Article 1394 – Abandonment or dismissal of the employee Article 1395 – Interruption of service due to unforeseen reasons SECTION III WORKS CONTRACT Article 1396 – Meaning of works contract Article 1397 – Risk of work before delivery Article 1398 – Risk in case of labour contract Article 1399 – Guarantee in the construction of buildings Article 1400 –Time limit for conclusion of work Article 1401 – Bar on unwritten escalation clause Article 1402 – Abandonment of work commenced Article 1403 – Death or inability of the contractor Article 1404 – Death of the owner Article 1405 – Right of suppliers or salaried workers of the contractor Article 1406 – When the price should be paid Article 1407 – Right of contractor to retain Article 1408 – Lack of skill by the contractor SECTION IV SERVICES RENDERED IN THE EXERCISE OF ARTS AND LIBERAL PROFESSIONS Article 1409 – Honorarium to those who exercise liberal professions SECTION V CARRIAGE BY LAND, BOAT OR ANIMALS Article 1410 – Meaning of contract of carriage by land, boat or animals Article 1411 – Rules regulating the contract Article 1412 – Liability of transporters lxix Article 1413 – Price due to the transporters Article 1414 – Right of retention of transporters Article 1415 – Duties of transporter Article 1416 – Duties of transporter by horse-hirer Article 1417 – Risk for the death or injury of animals Article 1418 – Fraudulent concealment of the defects in hired animals SECTION VI CONTRACT OF LODGING AND BOARDING Article 1419 – Meaning of contract lodging and boarding Article 1420 – Liability of lodge keeper Article 1421 – Damages caused by employees or third persons Article 1422 – Damages not attributable to the lodge keeper Article 1423 – Compensation to the lodge keeper in case of dispute SECTION VII APPRENTICESHIP Article 1424 – Contract of Apprenticeship Article 1425 – Grounds for determination of contract Article 1426 – Causes for rescission of contract Article 1427 – Maximum work hours Article 1428 – Duration of contract Article 1429 – Abandonment by apprenticeship Article 1430 – Extinguishment of contract SECTION VIII CONTRACT OF DEPOSIT SUB-SECTION I CONTRACT OF DEPOSIT IN GENERAL Article 1431 – Contract of deposit Article 1432 – Gratuitous nature of contract Article 1433 – Capacity to be depositor or receiver Article 1434 – External form SUB-SECTION II RIGHTS AND DUTIES OF THE DEPOSITARY AND THE DEPOSITOR Article 1435 – Duties of Depositary Article 1436 – Responsibility of depositary Article 1437 – Bar on use of deposited thing Article 1438 – Closed and sealed deposit Article 1439 – Opening of closed deposit Article 1440 – Presumption of guilt in the case of opening of closed deposit Article 1441 – To whom the deposit should be returned Article 1442 – Deposit of thing unlawfully taken Article 1443 – Plurality of depositors of indivisible thing Article 1444 – Deposit of indivisible thing Article 1445 – Return of deposit made in the name of legally disabled person lxx Article 1446 – Return of deposit in the case of the depositor getting married or becoming disabled Article 1447 – Place of restitution Article 1448 – Mode of return of deposit Article 1449 – Anticipated return of deposit Article 1450 – Duties of the depositor Article 1451 – Interference or dispossession of deposit CHAPTER V GIFTS SECTION I GIFTS IN GENERAL Article 1452 – Contract of gift Article 1453 – Nullity of gift of future assets Article 1454 – Types of gifts Article 1455 – Onerous gifts Article 1456 – Irrevocable Gifts Article 1457 – Gifts ‘Mortis Causa’ Article 1458 – External form Article 1459 – External form of gifts of immobile assets Article 1460 – Universal donee Article 1461 – Gift of all movables and immovables Article 1462 – Presumed reservation in gifts by married persons Article 1463 – Presumed reservation in gifts of disposable quota Article 1464 – Disposal of Legal reserve Article 1465 – Time limit for acceptance Article 1466 – Acceptance subsequent to the gift Article 1467 – Right of accretion amongst several donees Article 1468 – Eviction of gifted thing Article 1469 – Gift with the liability to pay donor’s debts Article 1470 – Payment of donor’s debts in other cases Article 1471 – Gifts by husband without consent of wife Article 1472 – Abolition of formal confirmation of gift Article 1473 – Reversionary clause Article 1474 – Void reversionary clause Article 1475 – Lapse of liabilities SECTION II PERSONS WHO MAY MAKE OR RECEIVE GIFTS Article 1476 – Persons who may make or receive gifts Article 1477 – Capacity to receive gifts Article 1478 – Effectiveness of pure gifts apart from acceptance by the legally incapacitated persons Article 1479 – Capacity of the unborn Article 1480 – Gift made by married man to his mistress Article 1481 – Simulated gifts in favour of incompetent persons SECTION III REVOCATION AND REDUCTION OF GIFTS lxxi Article 1482 – Revocation and reduction of gifts Article 1483 – Non-revocation of gifts by reason of subsequent birth of children Article 1484 – Effects of revocation Article 1485 – Income of gifted assets Article 1486 – Prohibition of relinquishment of right of revocation Article 1487 – Who may file a suit for revocation of gift Article 1488 – Revocation for ingratitude of the donee - Article 1489 – Provisions in respect of revocation for ingratitude Article 1490 – Prohibition on relinquishment and limitation in revocation for ingratitude Article 1491 – Proper parties in a suit for revocation Article 1492 – Revocation or reduction for inofficiousness Article 1493 – Order of reduction Article 1494 – Partial reduction of legacies Article 1495 – Order of reduction as to gifts Article 1496 – Gifts of the same date Article 1497 – Valuation of gift of mobiliary assets Article 1498 – Reduction of gifts on immobile assets Article 1499 – Indivisible immoveables Article 1500 – Indivisible immoveables gifted to one co-heir Article 1501 – Effects and cases of non-application of reduction Article 1502 – Liability of the donee in respect of gifted properties Article 1503 – Limitation in respect of suit for reduction Article 1504 – Liability of transferee of gifted moveables Article 1505 – To whom the fruits of the gifted things belong CHAPTER VI LOAN SECTION I GENERAL PROVISIONS Article 1506 – Contract of loan Article 1507 – Types of loan Article 1508 – Loan as Hire and Loan for interest Article 1509 – Devolution of loan SECTION II COMMODATUM – LOAN FOR USE Article 1510 – Duty of borrower Article 1511 – Duration of loan Article 1512 – Duration of contract where use of object is not specified Article 1513 – Anticipated demand of the thing Article 1514 – Preservation of thing lent Article 1515 – Trespass or dispossession of thing lent Article 1516 – Perishing of the thing lent Article 1517 – Loss due to unforeseen event or force majeure Article 1518 – Effect of delay in the return of thing Article 1519 – Expenses with the preservation of the thing Article 1520 – Co-borrowers Article 1521 – Duties of lender lxxii Article 1522 – Limitation for certain suits arising from loan SECTION III MUTUUM – LOAN FOR CONSUMPTION Article 1523 – Formation of contract Article 1524 – Duty of borrower (mutuary) Article 1525 – Contract between parties as regards time to return shall prevail Article 1526 – Time limit for return of cereals Article 1527 – Time limit for money loan Article 1528 – Time limit for any other loan Article 1529 – Place of return Article 1530 – Impossibility of return in kind Article 1531 – Loan in coin Article 1532 – Liability of lender Article 1533 – Consequences of delay Article 1534 – Proof contract of mutuum SECTION IV LOANS TO MINORS Article 1535 – Natural liability for loan to minor Article 1536 – Where the loan is fully valid CHAPTER VII ALEATORY CONTRACTS Article 1537 – Definition of aleatory contract Article 1538 – Definition of contract of insurance Article 1539 – Contracts of game or betting Article 1540 – Contract of risk or insurance Article 1541 – Prohibition of gaming contract as a mode of income Article 1542 – Debts from gaming Article 1543 – Betting contract CHAPTER VIII CONTRACT OF PURCHASE AND SALE SECTION I PURCHASE AND SALE IN GENERAL Article 1544 – Purchase and sale Article 1545 – Distinction between purchase and exchange Article 1546 – Uncertain price Article 1547 – Specification dependent on choice Article 1548 – Contract of promise of purchase and sale Article 1549 – Transfer of property in thing sold Article 1550 – Risk of thing sold Article 1551 – Sales after satisfaction Article 1552 – Expenses of sale and registration SECTION II THING PURCHASED AND SOLD lxxiii Article 1553 – Thing purchased and sold Article 1554 – Alienations depending on certain formalities Article 1555 – Sale of property of another Article 1556 – Prohibition of succession by contract Article 1557 – Sale of things or rights under litigation Article 1558 – Sale of non-existent thing SECTION III PERSONS WHO MAY BUY OR THOSE WHO MAY SELL Article 1559 – Capacity to sell Article 1560 – Capacity to buy Article 1561 – Legal incapacity of legal persons Article 1562 – Alienation of assets under administration or charge of third party Article 1563 – Alienation of litigious things Article 1564 – Sale between married persons Article 1565 – Sale to children or grand children Article 1566 – Right of preference of co-owners Article 1567 – Alienation by violation of preceding articles SECTION IV DUTIES OF VENDORS Article 1568 – Duties of vendors SUB-SECTION I DELIVERY OF THING SOLD Article 1569 – Delivery of movables Article 1570 – Expenses of delivery Article 1571 – Delivery of immovables Article 1572 – Delay by the vendor Article 1573 – Delay by the purchaser Article 1574 – Unpaid seller need not deliver Article 1575 – Condition in which the thing is to be delivered Article 1576 – Sale by numbers, weight or measure Article 1577 – Effect of rescission of contract Article 1578 – Successive sale of same moveable to various person Article 1579 – Responsibility of vendor Article 1580 – Successive sale of same immoveable to various person SUB-SECTION II GUARANTEE AND WARRANTY AGAINST EVICTION Article 1581 – Guarantee and warranty against eviction Article 1582 – Defects fatal to contracts SECTION V DUTIES OF PURCHASER Article 1583 – Duties of purchaser Article 1584 – Interference in the right or possession of the purchaser lxxiv Article 1585 – Irrevocability of sale after delivery of thing SECTION VI REVERSIBLE SALE Article 1586 – Reversible sale Article 1587 – Prohibition of reversible sale Article 1588 – Reversible sale prior to the code SECTION VII FORM OF CONTRACT OF PURCHASE AND SALE Article 1589 – External form of purchase of mobiliary assets Article 1590 – External form of purchase of immobile assets Article 1591 – Effectiveness of purchase and sale in relation to third parties CHAPTER IX EXCHANGE Article 1592 – Exchange Article 1593 – Eviction from one of the things exchanged Article 1594 – Provisions applicable to contract of exchange CHAPTER X CONTRACT OF LETTING SECTION I GENERAL PROVISIONS Article 1595 – Contract of letting Article 1596 – Kinds of letting Article 1597 – Legal capacity to let Article 1598 – Letting of undivided thing Article 1599 – Legal capacity to accept letting Article 1600 – Duration of letting contract Article 1601 – Letting of assets from dowry, usufruct or in fideicommissum Article 1602 – Letting of assets of minor and interdicted person Article 1603 – Compensation for letting Article 1604 – Letting of State assets Article 1605 – Sub-letting SECTION II LEASE AND TENANCY SUB-SECTION I RIGHTS AND OBLIGATIONS OF THE LANDLORD AND TENANT Article 1606 – Duties of landlord Article 1607 – Grounds for eviction Article 1608 – Duties of tenants lxxv Article 1609 – Encumbrances on the property Article 1610 – Delay by the landlord Article 1611 – Repairs Article 1612 – Deprivation of enjoyment of property on account of unforeseen event Article 1613 – Eviction from the property let Article 1614 – Right of retention for improvements Article 1615 – Improvements made on land Article 1616 – Unlawful retention of leased property Article 1617 – Rent in kind Article 1618 – Presumed renewal of contract Article 1619 – Death of contracting parties or transfer of the property Article 1620 – Acquisition of property for public purpose Article 1621 – Transfer of property on account of execution Article 1622 – Tenancy subject to registration SUB-SECTION II SPECIAL PROVISIONS IN RESPECT OF LEASES OF BUILDINGS Article 1623 – Duration of lease of buildings Article 1624 – Presumed renewal of contract Article 1625 – Fixation of notices Article 1626 – Notice of termination of lease SUB-SECTION III SPECIAL PROVISIONS IN RESPECT OF LEASES OF LAND Article 1627 – Cultivation of land under lease Article 1628 – Duration of lease of land Article 1629 – Notice for cessation of lease of land Article 1630 – Bar on unilateral change in rent Article 1631 – Scope of application of provisions relating to lease of land SUB-SECTION IV EVICTION Article 1632 – Form of procedure for eviction SECTION III HIRE Article 1633 – Object of hire Article 1634 – Provisions applicable to the contract of hire Article 1635 – Cessation of installments or of rents CHAPTER XI USURY lxxvi Article 1636 – Definition of contract of usury Article 1637 – Consumable which is not money Article 1638 – Certain and specific currency Article 1639 – Contract between parties to prevail Article 1640 – Legal interest Article 1641 – Rescission of contract of usury Article 1642 – Bar on compounding of interest Article 1643 – Proof of the contract CHAPTER XII RENT OR “CENSO CONSIGNATIVO” SECTION I “CENSO CONSIGNATIVO” IN FUTURE Article 1644 – Definition of ‘censo consignativo’ Article 1645 – Duration of the contract Article 1646 – External form of the contract Article 1647 – Compensation, transfer and division of rent contracts Article 1648 – Remission of rent Article 1649 – Non payment of interest SECTION II ASSIGNMENT IN RESPECT OF PAST CONTRACTS Article 1650 – Remission of past contracts Article 1651 – Price of redemption Article 1652 – Non payment of interest CHAPTER XIII EMPHYTEUSIS SECTION I EMPHYTEUSIS IN FUTURE SUB-SECTION I GENERAL PROVISIONS Article 1653 – Meaning of Emphyteusis Article 1654 – Perpetuity of the emphyteusis – Remission of fee Article 1655 – External form of the contract Article 1656 – Quality and quantity of emphyteutic fee (“foro”) Article 1657 – Abolition of additional encumbrances Article 1658 – Fee to be compulsorily in money Article 1659 – Description of the Emphyteusis Article 1660 – Time and place of payment of “foro” Article 1661 – Supplementary rules as to time and place of payment of foro Article 1662 – Indivisibility of Emphyteusis Article 1663 – Right of Succession to the emphyteutic property SECTION II ASSETS WHICH MAY BE GIVEN ON EMPHYTEUSIS lxxvii Article 1664 – Assets which may be given on emphyteusis Article 1665 – Emphyteusis of assets of minor Article 1666 – Emphyteusis of dotal assets SUB- SECTION III WHO MAY GIVE AND TAKE ON EMPHYTEUSIS Article 1667 – Capacity of absolute owner Article 1668 – Emphyteusis of assets of spouses Article 1669 – Capacity to take on Emphyteusis SUB - SECTION IV RIGHTS AND DUTIES OF OWNERS AND HOLDERS OF EMPHYTEUSIS Article 1670 – Requirement of registration Article 1671 – Failure to pay fee Article 1672 – Right of recovery of the property Article 1673 – Rights of the holder Article 1674 – Violation of the rights of the holder Article 1675 – Encumbrances and taxes over the emphyteusis Article 1676 – Right to mortgage and encumber the emphyteutic property Article 1677 – Right to gift or exchange the emphyteutic property Article 1678 – Right of preference in the alienation of the property Article 1679 – Denial of right of preference to legal person Article 1680 – Indivisibility of preference Article 1681 – Consequences of non notification of preference Article 1682 – Attachment of emphyteutic property Article 1683 – Failure of auction Article 1684 – Installment in arrears Article 1685 – Suit for recovery of emphyteutic fees Article 1686 – Prescription in relation to emphyteutic leases Article 1687 – Total destruction of the property Article 1688 – Right of Reduction SECTION II EMPHYTEUSIS OF THE PAST SUB-SECTION I GENERAL PROVISIONS Article 1689 – Emphyteusis of the past Article 1690 – Proof of emphyteusis of the past Article 1691 – Choice of species in which pension is to be paid Article 1692 – Scaling down of uncertain pension Article 1693 – Laudemium Article 1694 – Provisions applicable to post emphyteuses Article 1695 – Fees in arrears SUB-SECTION II GRANT IN THE NATURE OF EMPHYTEUSIS lxxviii Article 1696 – Grants for life before the enactment of the Code SUB-SECTION III GRANTS FOR LIFE TIME AND BY WAY OF APPOINTMENT Article 1697 – Grants for life time Article 1698 – Grants to appointee with reservation of usufruct Article 1699 – Revocable grants Article 1700 – Regulation of grant in article 1698 Page Nos. SECTION III SUB EMPHYTEUSIS Article 1701 – Abolition of sub emphyteusis Article 1702 – Regulation of past sub-emphyteuses Article 1703 – Right of preference in sub-emphyteuses Article 1704 – Notice of pre-emption Article 1705 – Laudemium in sub-emphyteusis CHAPTER XIV CENSUS WITH RESERVATION Article 1706 – Census with reservation Article 1707 – Abolition of census with reservation Article 1708 – Rights of preference in past assignments Article 1709 – Doubts whether contract is of assignment or emphyteuses CHAPTER XV COMPROMISE Article 1710 – Compromise Article 1711 – Types of compromise Article 1712 – External form of compromise out of court Article 1713 – External form of compromise in court Article 1714 – Judgement on compromise in court Article 1715 – Extension of the effects of compromise Article 1716 – Compromise made by only one of the interested parties Article 1717 – Exception in State cases Article 1718 – Effects of compromise Article 1719 – Cancellation of compromise Article 1720 – Discovery of new documents. Article 1721 – Compromise of general nature over diverse objects CHAPTER XVI REGISTRATION OF TRANSFERS OF IMMOVABLE ASSETS AND IMMOVABLE RIGHTS Article 1722 – Registration of transfer of immobile assets and rights lxxix BOOK III 363 RIGHTS ACQUIRED BY MERE ACT OF ANOTHER OR ACQUIRED BY OPERATION OF LAW TITLE I 363 MANAGEMENT OF BUSINESS Article 1723 – Management of business Article 1724 – Taking advantage of the benefits of the management Article 1725 – Non-ratification of management Article 1726 – Effects of ratification of the management Page Nos. Article 1727 – Disapproval of the management Article 1728 – Impossibility to return things in their original form Article 1729 – Non ratified management, the benefits of which do not exceed the losses Article 1730 – Acquiescence by the owner of business Article 1731 – Management against the will of the owner Article 1732 – Accounts of the management Article 1733 – Duty to conclude the management started Article 1734 – Management of business connected with that of the manager TITLE II 365 SUCCESSIONS CHAPTER I PRELIMINARY PROVISIONS Article 1735 – Succession: testamentary and intestate Article 1736 – Concept of heir and of legatee Article 1737 – Content of inheritance Article 1738 – Simultaneous Death CHAPTER II TESTAMENTARY SUCCESSION SECTION I WILLS IN GENERAL Article 1739 – Concept of Will Article 1740 – Personal nature of Will Article 1741 – Will as per instructions Article 1742 – Disposition in favour of relatives of the testator Article 1743 – Impossible conditions Article 1744 – Performance of condition obstructed by third party Article 1745 – False cause Article 1746 – Cause contrary to the law Article 1747 – Institution subject to term Article 1748 – Violence, deception and fraud Article 1749 – Disqualification of heir or legatee Article 1750 – Knowledge of coercion against one who intends to make a Will Article 1751 – Insufficient expression of the Will of the testator Article 1752 – Effects of the nullities declared by law lxxx Article 1753 – Prohibition of joint Wills Article 1754 – Revocability of the Will Article 1755 – Express and implied revocation Article 1756 – Tacit revocation Article 1757 – Subsistence of the effect of revocation of a Will which lapsed Article 1758 – Revival of the Will which is revoked Article 1759 – Lapsing of testamentary provisions Article 1760 – Lapsing of the institution of heir by supervenience of the children to the testator Article 1761 – Interpretation of Will Article 1762 – External form of the Wills prior to the Code SECTION II WHO CAN MAKE AND WHO CAN ACQUIRE THROUGH A WILL Article 1763 – Legal capacity to make a Will Article 1764 – Incapacity to make the Will Article 1765 – Relevant time for determination of the capacity of the testator Article 1766 – Prohibition of disposition of the assets of spouses Article 1767 – Relative incapacity of a minor under guardianship Article 1768 – Incapacity of a minor in relation to his teachers Article 1769 – Relative incapacity of a patient Article 1770 – Exceptions to previous incapacities Article 1771 – Relative incapacity of the adulterous spouse Article 1772 – Incapacity in relation to the notary or to the witnesses to the instrument Article 1773 – Extent of relative incapacities Article 1774 – Prohibition of disposition of legitime Article 1775 – Limitation against disposition for suffrages Article 1776 – Passive testamentary capacity Article 1777 – Capacity of unborn children Article 1778 – Relevant time for determination of passive testamentary capacity Article 1779 – Testamentary incapacities Article 1780 – Consequence of the refusal to act or removal of the guardian or of the executor Article 1781 – Capacity of legal persons Article 1782 – Causes of unworthiness of the heir or of legatee Article 1783 – Dispositions through intermediary SECTION III LEGITIME AND INOFFICIOUS DISPOSITIONS Article 1784 – Indisposable portion Article 1785 – Claim of legitimate and illegitimate descendants to the indisposable portion Article 1786 – Legitime portion of parents Article 1787 – Legitime of remaining ascendants Article 1788 – Option in case of disposition over the disposable portion Article 1789 – Reduction of inofficious gifts and dispositions Article 1790 – Calculation of disposable portion SECTION IV INSTITUTION OF HEIRS, APPOINTMENT OF LEGATEES, THEIR RIGHTS AND OBLIGATIONS Article 1791 – Institution of heir Article 1792 – Liability of heir Article 1793 – Liability of legatee Article 1794 – Apportionment of the charges of the inheritance solely distributed by way of legacies Article 1795 – Insufficient estate to cover all the legacies Article 1796 – Characterization of legacy lxxxi Article 1797 – Collective appointment along with individual institution Article 1798 – Institution by the testator of his brothers and sisters in general Article 1799 – Institution of certain person and his children Article 1800 – Expenditure of administration of inheritance absorbed by legacies Article 1801 – Legacy of the thing belonging to another Article 1802 – Legacy of the thing subsequently acquired by the testator Article 1803 – Legacy of own property of the heir or legatee Article 1804 – Legacy of the thing which belongs only in part to the deceased or his successors Article 1805 – Legacy of the movable thing not specified Article 1806 – Legacy of a thing inexistent in the inheritance Article 1807 – Legacy of a thing only partly available in the inheritance Article 1808 – Condition to marry or not to marry Article 1809 – Condition to compel reciprocation Article 1810 – Deferred execution of the disposition Article 1811 – Legacy without effect Article 1812 – Legacy of the things in alternative Article 1813 – Indivisibility of the disposition Article 1814 – Lapsing of the institution in view of supervenience of descendants to the testator Article 1815 – Supervenient children predeceasing the testator Article 1816 – Legacy of the thing pledged Article 1817 – Legacy of the ascertained thing ascertainable at the place where it is found Article 1818 – Legacy for payment of debt Article 1819 – Legacy for the payment of the debt not matured Article 1820 – Legacy made to a creditor of the testator Article 1821 – Legacy of a credit Article 1822 – Institution under condition; administration of the estate Article 1823 – Case in which the administration belongs to the presumptive legal heir Article 1824 – Bequests to the unborn Article 1825 – Powers of administrator Article 1826 – Acquisition of pure and simple legacies Article 1827 – Choice of a legacy of generic nature Article 1828 – Choice left to the legatee Article 1829 – Who is to choose in case of alternative legatee Article 1830 – Transferability of the right of choice Article 1831 – Legacy of maintenance Article 1832 – Legacy of a house with whatever is contained therein Article 1833 – Legacy of usufruct, without determination of time Article 1834 – Legacy of usufruct to a perpetual corporation Article 1835 – Legacy when the legatee becomes major Article 1836 – Legacy for charitable purposes Article 1837 – Ambiguity over person of the legatee or the thing bequeathed Article 1838 – Petition and delivery of the legacy Article 1839 – Who is to carry out the execution of the Will Article 1840 – Fruits and income of the legacy Article 1841 – Legacy of periodical installment Article 1842 – Expenditure on the delivery of the legacy Article 1843 – Manner and place of delivery of the legacy Article 1844 – Extension of the legacy of certain property Article 1845 – Legacy of a thing charged with encumbrances Article 1846 – Legal mortgage for the benefit of the legatee Article 1847 – Responsibility of the heirs in the legacy of the property of one of them lxxxii Article 1848 – Legacy or institution under condition not to do a thing Article 1849 – Conditional legacy or legacy under term Article 1850 – Responsibility of heir apparent Article 1851 – Reduction of the encumbrance attached to the legacy Article 1852 – Right of accretion, in view of lapsing of some institution Article 1853 – Right of accretion, due to lapse of legacy Article 1854 – Exclusion of right of accretion amongst co-legatees Article 1855 – Effects of accretion Article 1856 – Renunciation of right of accretion Article 1857 – Recoverability of legacy SECTION V SUBSTITUTIONS Article 1858 – Concept of common substitution Article 1859 – Pupillary substitution Article 1860 – Lapsing of pupillary substitution Article 1861 – Quasi-pupillary substitution Article 1862 – Lapsing of quasi-pupillary substitution Article 1863 – Assets which pupillary substitution or quasi-pupillary substitution may include Article 1864 – Rights and obligations of the substituted Article 1865 – Reciprocal substitution Article 1866 – Fideicommissary substitution Article 1867 – Restriction of fideicommissum Article 1868 – Lapsing of the substitution Article 1869 – Nullity of the substitution Article 1870 – Disposition which are not analogous to fideicommissum Article 1871 – Irregular fideicommissum Article 1872 – Encumbrances to the benefit of paupers or establishments of public utility Article 1873 – Conditional irregular fideicommissum Article 1874 – Applicability of the previous legal provisions SECTION VI DISINHERITANCE Article 1875 – Disinheritance Article 1876 – Grounds of disinheritance Article 1877 – Effects of disinheritance Article 1878 – Grounds for disinheritance of parents Article 1879 – Grounds for disinheritance of other ascendants and descendants Article 1880 – How the disinheritance is declared Article 1881 – Contesting the cause of disinheritance Article 1882 – Disinheritance without express cause or irrelevant cause Article 1883 – Right of maintenance of disinherited Article 1884 – Limitation to challenge the disinheritance SECTION VII EXECUTORS Article 1885 – Concept of executor Article 1886 – Who can be executor Article 1887 – Incapacity of the married woman Article 1888 – Incapacity of the minor not emancipated Article 1889 – Refusal by executor lxxxiii Article 1890 – Limitation and manner for refusal Article 1891 – Refusal subsequent to the acceptance Article 1892 – Remuneration of executor Article 1893 – Execution of Will, in the impediment or refusal of the executor Article 1894 – Powers of the executor Article 1895 – Possession of inheritance, there being forced heirs Article 1896 – Possession of inheritance there being no forced heirs Article 1897 – How the heirs can object to the takeover of the inheritance by executor Article 1898 – Manner of contributing to the expenditure under the charge of the executor Article 1899 – General duties of the executor Article 1900 – Obligation to enlist the assets of inheritance Article 1901 – Obligations of the executor, when there are heirs who are minor, disabled or absent Article 1902 – Reservation of the inheritance for charitable purpose or public utility Article 1903 – Normal time for execution of the Will Article 1904 – Joint executors Article 1905 – Accounts by the executors Article 1906 – Non-transferability of the executorship Article 1907 – Right of accretion amongst executors Article 1908 – Reimbursement of expenditure made by executor Article 1909 – Removal of the executor SECTION VIII FORM OF WILLS SUB SECTION I PRELIMINARY PROVISIONS Article 1910 – Types of Wills SUB SECTION II PUBLIC WILL Article 1911 – Public Will Article 1912 – Declaration of the Will of the testator Article 1913 – Identification, mental sanity and liberty of the testator Article 1914 – Deed, reading and date of disposition Article 1915 – Signature of the witnesses Article 1916 – Testator who does not know or cannot write Article 1917 – Testator who is deaf or illiterate Article 1918 – Continuity in the execution of the Will Article 1919 – Consequence of omission of some formality SUB SECTION III CLOSED WILL Article 1920 – Concept of closed Will Article 1921 – Presentation of closed Will Article 1922 – Record of approval Article 1923 – Incompetency to dispose by closed Will Article 1924 – Closed Will of deaf and dumb Article 1925 – Omission of some formality Article 1926 – Delivery of the Will lxxxiv Article 1927 – Custody of the Will Article 1928 – Custody of the Will in the Secretariat of the Civil Government Article 1929 – Deposit of the Will in the testamentary archives Article 1930 – Removal of the Will Article 1931 – Power of attorney for removal of the Will Article 1932 – Opening of the Will Article 1933 – Act of opening or publication Article 1934 – Book of the acts of opening Article 1935 – Registration of the Will Article 1936 – Opening of the Will deposited with Civil Government Article 1937 – Non presentation of Will Article 1938 – Fraudulent removal of the Will Article 1939 – Closed Will which is already open Article 1940 – Defective or torn Will Article 1941 – Presumption as to who did vitiation Article 1942 – Alterations with errata note and signature of the testator Article 1943 – Torn Will found in the effects of the testator SUB SECTION IV MILITARY WILL Article 1944 – Military Will Article 1945 – Solemnities of military Will Article 1946 – Will made in the hand of the testator Article 1947 – Omission of some formality SUB SECTION V MARITIME WILL Article 1948 – Maritime Will Article 1949 – Execution of the Will Article 1950 – Will of the captain or clerk Article 1951 – Will made in the hand of the testator Article 1952 – Duplicate and custody of the Will Article 1953 – Deposit of the Will before Portuguese consular authorities Article 1954 – Delivery of the Will to the national maritime authority Article 1955 – Receipt of the delivery Article 1956 – Report of the delivery Article 1957 – Deposit of the Will Article 1958 – Lapsing of maritime Will Article 1959 – Death of the testator at sea Article 1960 – Omission of some formality SUB SECTION VI EXTERNAL WILL OR WILL MADE IN A FOREIGN COUNTRY Article 1961 – External Will Article 1962 – Will received by Portuguese consular authorities Article 1963 – Copy to be sent to the Ministry of External Affairs Article 1964 – Formalities to be observed in case of closed Will lxxxv Article 1965 – Will made by a foreigner in a foreign country SUB SECTION VII COMMON PROVISIONS TO VARIOUS FORMS OF WILL Article 1966 – Persons incompetent to be witnesses, certifiers or interpreters in a Will Article 1967 – Limitation for suit of annulment on account of defect of external formalities CHAPTER III INTESTATE SUCCESSION SECTION I GENERAL PROVISIONS Article 1968 – When and to which extent there is statutory succession Article 1969 – Order of statutory succession Article 1970 – Proximity of degree of relationship Article 1971 – Succession per capita Article 1972 – Renunciation of inheritance Article 1973 – Degrees and lines of relationship Article 1974 – Direct and transversal line Article 1975 – Types of relationship in direct line Article 1976 – Counting of degrees in direct line Article 1977 – Counting of degrees in transversal line Article 1978 – Incapacity to acquire by legal succession Article 1979 – Extent of legal incapacity SECTION II RIGHT OF REPRESENTATION Article 1980 – Right of representation Article 1981 – Representation in direct line Article 1982 – Representation in transversal line Article 1983 – Right of the representatives Article 1984 – Joint representatives SECTION III SUCCESSION OF DESCENDANTS SUB SECTION I SUCCESSION OF LEGITIMATE DESCENDANTS Article 1985 – Succession of legitimate descendants Article 1986 – Succession per capita Article 1987 – Succession ‘per stirpes’ Article 1988 – Succession of legitimated children lxxxvi SUB SECTION II SUCCESSION OF ILLEGITIMATE CHILDREN Article 1989 – Succession of illegitimate descendants Article 1990 – Exclusive existence of illegitimate children Article 1991 – Claim by legitimate and illegitimate children Article 1992 – Limitation on total share of illegitimate children recognized after marriage SECTION IV SUCCESSION OF THE ASCENDANTS SUB SECTION I SUCCESSION OF LEGITIMATE PARENTS Article 1993 – Succession of legitimate parents SUB SECTION II SUCCESSION OF ILLEGITIMATE PARENTS Article 1994 – Succession of illegitimate parents Article 1995 – Usufruct given to surviving spouse SUB SECTION III SUCCESSION OF ASCENDANTS OF THE SECOND DEGREE AND ONWARDS Article 1996 – Succession of grandparents and other ascendants beyond them Article 1997 – Division per capita: ascendants in the same degree Article 1998 – Ascendants who are not of the same degree Article 1999 – Succession of illegitimate ascendants Article 2000 – Succession of brothers, sisters and their descendants Article 2001 – Claim by full brothers and sisters with consanguineous and uterine ones Article 2002 – Succession of illegitimate children SECTION VI SUCCESSION BY SURVIVING SPOUSE AND BY COLLATERALS Article 2003 – Succession of surviving spouse Article 2004 – Succession of legitimate transversals Article 2005 – Succession of illegitimate transversals SECTION VII SUCCESSION BY THE STATE Article 2006 – Succession of the State Article 2007 – Juridical position of the successor State Article 2008 – Possession of inheritance by the State lxxxvii CHAPTER IV PROVISIONS COMMON TO TESTAMENTARY SUCCESSION AND STATUTORY SUCCESSION SECTION I OPENING AND TRANSMISSION OF INHERITANCES Article 2009 – Opening of inheritance Article 2010 – Precautionary measures in respect of movable assets of the inheritance Article 2011 – Transmission of ownership and possession of inheritance Article 2012 – When there is place for inventory Article 2013 – When there is place for extra judicial partition Article 2014 – Juridical positions of the heirs Article 2015 – Indivisibility of the inheritance prior to partition Article 2016 – Right of petition of inheritance in totality Article 2017 – Prescription of right to petition for inheritance SECTION II ACCEPTANCE AND RENUNCIATION OF INHERITANCE Article 2018 – Forms of acceptance of inheritance Article 2019 – Liabilities of the heir Article 2020 – Acceptance and renunciation of distinct inheritances SUB SECTION I SIMPLE ACCEPTANCE AND RENUNCIATION OF INHERITANCE Article 2021 – Liberty to accept or to renounce Article 2022 – Nullity of partial acceptance or partial renunciation on terms or under conditions Article 2023 – Capacity to accept or renounce Article 2024 – Acceptance or renunciation of one of spouses Article 2025 – Acceptance of inheritance left to person under disability Article 2026 – Acceptance of inheritance left to deaf and dumb Article 2027 – Forms of acceptance – Conduct of the heir Article 2028 – Acts which do not imply acceptance Article 2029 – The cession of inheritance which does not involve acceptance Article 2030 – Effects of judgment declaring as an heir Article 2031 – Disagreement between co-heirs about acceptance or renunciation Article 2032 – Transmission of right of acceptance Article 2033 – Indivisibility of renunciation Article 2034 – Formalities of renunciation Article 2035 – Effects of renunciation Article 2036 – Contesting the acceptance Article 2037 – Contesting the renunciation Article 2038 – Heir entitled simultaneously by Will and ab intestate Article 2039 – Necessity of express renunciation in respect of indisposable portion Article 2040 – Right of subrogation in respect of acceptance of inheritance Article 2041 – Imposition of time limit for acceptance or renunciation lxxxviii Article 2042 – Prohibition of agreement to renounce Article 2043 – Retrospectivity of acceptance and renunciation SUB SECTION II ACCEPTANCE UNDER BENEFIT OF INVENTORY Article 2044 – Time limit for acceptance under benefit of inventory Article 2045 – Counting of time in case the heir is not in possession of inheritance Article 2046 – Heirs minor and under disability Article 2047 – Disagreement over the form of acceptance Article 2048 – Summons to the parties Article 2049 – Starting and end of inventory Article 2050 – Extension of time for inventory Article 2051 – Non-observance of prescribed time on account of fault of beneficiary Article 2052 – Precautionary measures Article 2053 – Withholding of assets by the heirs Article 2054 – Administration of inheritance Article 2055 – Sale of assets of inheritance Article 2056 – Payment of legacies and debts of inheritance Article 2057 – Rights of creditors in case of execution Article 2058 – Preference of creditors over legatees Article 2059 – Inheritance where debts exceed assets Article 2060 – Right of beneficiary over the remainder of inheritance Article 2061 – Right of creditors over legatees already paid Article 2062 – Continuation of inventory started by one who had first accepted it Article 2063 – Costs of inventory SECTION III INVENTORY Article 2064 – Compulsory or orphanological inventory Article 2065 – Inventory amongst majors Article 2066 – Inventory having in view of the acceptance under benefit of inventory SUB SECTION I ADMINISTRATOR (“CABECA DE CASAL” – C.C) - LISTING AND DESCRIPTION OF ASSETS Article 2067 – Administrator (“Cabeca de Casal – C.C”) Article 2068 – Who is administrator (“Cabeca de Casal – C.C”) Article 2069 – Cases in which the office devolves on guardian of person under disability Article 2070 – Assets which were in possession of co-heirs Article 2071 – Obligation to take up the inventory Article 2072 – Declarations of the administrator Article 2073 – Description of assets of inheritance Article 2074 – Description of moveables Article 2075 – Description of immoveables Article 2076 – Description of consolidated funds Article 2077 – Description of active debts and passive debts Article 2078 – Description of assets to be allotted in preferential manner or belonging to a third party lxxxix Article 2079 – Withholding of assets by administrator Article 2080 – Fraudulent description of credits, rights and charges Article 2081 – Fraudulent concealment of certain title deeds Article 2082 – Duration of administration of administrator Article 2083 – Powers of administrator Article 2084 – When administrator can be sued Article 2085 – Rights of the administrator Article 2086 – Expenditure incurred by the administrator on account of inheritance Article 2087 – Question which cannot be decided by inspection of certain documents Article 2088 – Removal of administrator SUB SECTION II APPRAISAL Article 2089 – Appraisal in inventory amongst majors Article 2090 – Appraisal in inventory amongst minors only Article 2091 – Appraisal in inventory in which there are majors and minors Article 2092 – Appraisal of jewellery and precious metals Article 2093 – Appraisal of special objects Article 2094 – Appraisal of lands and buildings Article 2095 – Appraisal of right to possession and enjoyment (‘dominium utile’) Article 2096 – Appraisal of ownership of soil (‘dominium directum’) Article 2097 – Appraisal of improvements SUB SECTION III COLLATIONS DIVISION I COLLATIONS RELATING TO ASSETS SUBJECT TO PARTITION Article 2098 – Concept of collation Article 2099 – Exemption of collation Article 2100 – Obligation of collation on part of grandchildren Article 2101 – Presumed exemption of collation Article 2102 – Forced heirs exempted from collation Article 2103 – Gifts made to spouse of son or daughter Article 2104 – Expenditure subject to collation Article 2105 – Values not subject to collation Article 2106 – Fruits and profits to be collated Article 2107 – How collation is done Article 2108 – Collation of common assets gifted by both spouses Article 2109 – Manner of satisfying the co-heirs of the donee Article 2110 – Compensation to co-heirs of the donee Article 2111 – Gifts which exceed legitime of donee Article 2112 – Question as to obligation to collate DIVISION II COLLATIONS RELATING TO ASSETS NOT SUBJECT TO PARTITION xc Article 2113 – Improvement on the assets which devolve in preferential manner Article 2114 – Collation of assets which are to devolve in preferential manner acquired with consideration SUB SECTION IV PAYMENTS OF DEBTS Article 2115 – Payment of debts of inheritance Article 2116 – Expenses of funeral Article 2117 – Approval of debts in inventory of majors Article 2118 – Approval of debts in inventory of minors Article 2119 – Manner of payment of debts Article 2120 – Manner of payment in inventory amongst minors Article 2121 – Redemption of certain encumbrances Article 2122 – Deduction of encumbrances in rem in the partition Article 2123 – Right of restitution to the person adversely affected with payment of charge Article 2124 – Probative value of the instruments against estate-leaver Article 2125 – Inheritance where debts exceed assets SUB SECTION V LICITATION AND PARTITION Article 2126 – Form of partition and declaration of licitation Article 2127 – Formalities of licitation and when to be held Article 2128 – Objection to the licitation. Second appraisal Article 2129 – Licitation over the things value of which exceeds share of person offering the bid in properties to be partitioned Article 2130 – Licitation in case of persons under disability Article 2131 – Licitation not to be withdrawn Article 2132 – Objection against excessive valuation Article 2133 – Agreement in respect of new price declared Article 2134 – Disagreement in respect of new price declared Article 2135 – Acceptance of the thing as per value of appraisal Article 2136 – Auction open to all parties Article 2137 – Deposit of price of auction Article 2138 – Steps subsequent to licitation Article 2139 – Satisfying shares of those who have not bid or who are not subject to collation Article 2140 – Sortition of remaining properties Article 2141 – Sortition there being heirs with unequal shares Article 2142 – Composition of lots Article 2143 – Easement arising from division of properties Article 2144 – Objection against composition of lots Article 2145 – What is to be done in case of indivisible things which have not been brought by licitation and which do not fit in the lots Article 2146 – Sale of thing in public auction Article 2147 – Absence of purchaser Article 2148 – Payment of life time annual pensions in inventory of minors Article 2149 – Payment of said pensions in inventory of majors Article 2150 – Pension capitalization of which exceeds disposable share xci Article 2151 – Separation of assets for payment of debts in the inventory of minors Article 2152 – Separation for same purpose in inventory of majors Article 2153 – Delivery of title deeds of the partitioned properties Article 2154 – Title deeds of partitioned properties Article 2155 – Title deeds of sharepartners with equal parts Article 2156 – Report of delivery of title deeds Article 2157 – Payment of costs of inventory Page Nos. SUB SECTION VI EFFECTS OF PARTITION Article 2158 – Effects of partition Article 2159 – Eviction from partitioned properties Article 2160 – Cases in which the evicted has no right to get compensation Article 2161 – Insolvency of some of the heirs of the evicted person Article 2162 – Prescription of suit for damages in respect of eviction SUB SECTION VII RESCISSION OF PARTITION Article 2163 – Rescission in case of extra-judicial partition Article 2164 – Rescission in case of judicial partition Article 2165 – Preterition or lack of intervention of some co-heirs Article 2166 – Additional partition PART III 455 RIGHT TO PROPERTY SOLE BOOK TITLE I 455 PRELIMINARY Article 2167 – Definition of right to property Article 2168 – Kinds of ownership Article 2169 – Rights of the owners Article 2170 – Limitations on the right to ownership TITLE II 456 ABSOLUTE AND DETERMINABLE PROPERTY Article 2171 – Absolute and determinable ownership Article 2172 – Presumption of absolute ownership xcii Article 2173 – Indicia of ownership Article 2174 – Effects of termination of ownership TITLE III 456 SOLE PROPERTY AND JOINT PROPERTY Article 2175 – Sole and joint property Article 2176 – Rights of a co-owner Article 2177 – Disposal of specified portion of a common property Article 2178 – Expenses for the conservation of common thing Article 2179 – Use and administration of the common thing Article 2180 – Division of common asset Article 2181 – Mode of Partition Article 2182 – Partition through arbitrators Article 2183 – Indivisible asset Article 2184 – External form of partition of immobile assets Article 2185 – Agreement not to partition common asset Article 2186 – Rights of co-owner after partition Page Nos. TITLE IV 458 ABSOLUTE OWNERSHIP AND LIMITED PROPERTY CHAPTER I GENERAL PROVISIONS Article 2187 – Absolute ownership and limited property Article 2188 – Rights of a holder of a share in the property Article 2189 – Types of limited property CHAPTER II SHARE Article 2190 – Concept of share Article 2191 – Administrator of the property Article 2192 – Improvements: in whose favour do they revert Article 2193 – All share holders are necessary parties in a title suit Article 2194 – Right of share holder Article 2195 – Preferential rights of possessor and share holders Article 2196 – Abolition of share in future CHAPTER III USUFRUCT, USE AND HABITATION SECTION I USUFRUCT SUB SECTION I GENERAL PROVISIONS Article 2197 – Usufruct Article 2198 – Usufruct, how constituted xciii Article 2199 – Simultaneous and successive usufruct Article 2200 – Forms of usufruct Article 2201 – Regulation of usufruct SUB SECTION II RIGHTS OF THE USUFRUCTUARY Article 2202 – Usufructuary’s right of fruition Article 2203 – Outstanding produce Article 2204 – Incomplete factory manufactured industrial products Article 2205 – Civil fruits Article 2206 – Rights inherent to the thing under enjoyment Article 2207 – Other rights of the usufructuary Article 2208 – Usufruct of perishable objects Article 2209 – Quasi Usufruct Article 2210 – Usufruct of vines and olive plantations Article 2211 – Usufruct of woods and pine Article 2212 – Usufruct of plants in nursery Article 2213 – Digging of mines and stone quarries Article 2214 – Usufruct of manufacturing establishment Article 2215 – Additional patent subsequent to the alienation of the usufruct of the invention Article 2216 – Treasure found in the property under enjoyment Article 2217 – Right to make improvements to the object of usufruct Article 2218 – Letter of addition to the invention obtained by usufructuary Article 2219 – Preservation of the usufruct Article 2220 – Compensation for deterioration through improvements SUB SECTION III DUTIES OF THE USUFRUCTUARY Article 2221 – Duties of the Usufructuary Article 2222 – Non furnishing of security Article 2223 – Mode of enjoyment Article 2224 – Responsibility of the usufructuary for the alienation of the usufruct Article 2225 – Duties of usufructuary of herds and flocks Article 2226 – Duties of usufructuary of fruit bearing trees Article 2227 – Consent for acts by the owner Article 2228 – Ordinary repairs Article 2229 – Extra ordinary maintenance Article 2230 – Extra ordinary repairs made by the owner Article 2231 – Liabilities of the General Usufructuary of an inheritance Article 2232 – Liabilities of the usufructuary of a share of the inheritance Article 2233 – Position of the usufructuary of specified items of the inheritance Article 2234 – Usufruct of mortgaged properties Article 2235 – Payments of the debts of the inheritance by the usufructuary thereof Article 2236 – Payment of the debts of the inheritance by a mere owner Article 2237 – The usufruct of amounts invested on interest, public issues or shares Article 2238 – Ordinary taxes and other annual dues Article 2239 – Outgoings over capitals or property Article 2240 – Violation of the right to property by third person xciv SUB SECTION IV EXTINCTION OF THE USUFRUCT Article 2241 – Causes of the extinction of the usufruct Article 2242 – Rescission by the creditors of the relinquishment by the usufructuary Article 2243 – Partial loss of the thing enjoyed Article 2244 – Duration of usufructuary to the benefit of legal persons Article 2245 – Usufructuary granted till certain age of a third party Article 2246 – The usufruct over a building eventually destroyed Article 2247 – Destruction of building integrated in rural property under usufruct Article 2248 – Acquisition of the thing under usufruct for public purpose Article 2249 – Misuse of the thing enjoyed Article 2250 – Extinction of usufruct favouring many persons Article 2251 – Effects of extinction of usufruct Article 2252 – Sharing of fruits not plucked Article 2253 – Liability of the usufructuary for the fruits collected prematurely SECTION II USE AND HABITATION Article 2254 – Rights of use and habitation Article 2255 – Mode of Constitution Article 2256 – Duties of person using Article 2257 – Use of the fruits of the property Article 2258 – Personal nature of the right to use Article 2259 – Expenses which are fully to be borne by the person using Article 2260 – Encumbrances which only partially affect the person using Article 2261 – Other provisions applicable to the right of use CHAPTER IV THE RIGHT OF COMMON PASTURES Article 2262 – Right of common pastures Article 2263 – Pasturage in public lands Article 2264 – Mode of constitution Article 2265 – Abolition of certain kinds of common pasturage Article 2266 – Remission of perpetual encumbrance of pasturage CHAPTER V EASEMENTS / SERVITUDE SECTION I GENERAL PROVISIONS Article 2267 – Concept of Easement Article 2268 – Inseparability of the properties Article 2269 – Indivisibility of Easements Article 2270 – Classification of Easements Article 2271 – Sources of Easements xcv SECTION II EASEMENT ARISING BY ACT OF MAN Article 2272 – Mode of Constitution of apparent easements Article 2273 – Modes of Constitution of non apparent easements Article 2274 – Easement by indication by a head of family Article 2275 – Regulation of easements constituted by legal transaction Article 2276 – Right to do acts to secure enjoyment Article 2277 – Works to be carried out by owner of servient tenement Article 2278 – Changes of easement Article 2279 – Extinction of easements Article 2280 – Counting of non–user Article 2281 – Interruption of non–use when there are many dominant proprietors Page Nos. SECTION III EASEMENTS CONSTITUTED BY THE NATURE OF THING OR BY LAW Article 2282 – Legal easement of water drainage Article 2283 – Protection works to contain waters Article 2284 – Removal of materials which may hinder the course of waters Article 2285 – Duty to contribute towards expenses of aforesaid works Article 2286 – Restrictions on the right to property TITLE V 478 RIGHT OF ENJOYMENT CHAPTER I GENERAL PROVISIONS Article 2287 – Right of Enjoyment Article 2288 – Vertical limits of property CHAPTER II ACCESSION SECTION I GENERAL PROVISION Article 2289 – Concept of Accession SECTION II NATURAL ACCESSION Article 2290 – Natural accession Article 2291 – Alluvion Article 2292 – Avulsion Article 2293 – Land flooded or submerged due to change of the direction of current xcvi Article 2294 – Ownership of certain islands and river islands Article 2295 – Islands and Banks in non navigable rivers Article 2296 – Land flooded by a current which splits up Article 2297 – Lakes and ponds SECTION III INDUSTRIAL ACCESSION OR ACCESSION BY HUMAN ACTION Article 2298 – Industrial accession SUB SECTION I MOVABLE ACCESSION Article 2299 – Coming together or confounding in good faith Article 2300 – Coming together or merge in bad faith Article 2301 – Casual merger Article 2302 – Specification in good faith Article 2303 – Transformation in bad faith Page Nos. SUB SECTION II IMMOBILE ACCESSION Article 2304 – Construction in own property with materials belonging to another Article 2305 – Cultivation in own property with seed belonging to another Article 2306 – Construction or plantation in the property of another Article 2307 – Construction or plantation in bad faith in the property of another Article 2308 – Acquisition of trees belonging to another in own property CHAPTER III RIGHT OF ACCESS OR PASSAGE Article 2309 – Easement of passage by operation of law Article 2310 – Location of the passage Article 2311 – Transfer of land locked property by one of the adjoining owners Article 2312 – Content of the Right of Easement Article 2313 – Cessation of easement Article 2314 – Right of access or transit TITLE VI 486 RIGHT OF TRANSFORMATION CHAPTER I GENERAL PROVISIONS Article 2315 – Right of transformation Article 2316 – Limits to the rights of transformation CHAPTER II RESTRICTION ON PROPERTY FOR THE PROTECTION OF PROPERTY OF ANOTHER SECTION I PLANTATION OF TREES AND BUSHES Article 2317 – Plantation of trees and bushes xcvii Article 2318 – Plucking of fruits Article 2319 – Ownership of trees along the boundary line Article 2320 – Uprooting of common trees or bushes SECTION II EXCAVATION Article 2321 – Right to dig mines or excavation Article 2322 – Limitations to the above rights Article 2323 – Restriction on the right to make excavation SECTION III CONSTRUCTIONS AND BUILDINGS Article 2324 – Right to construct or build Article 2325 – Easement of air and light Article 2326 – Properties exempted from the present restriction Article 2327 – Means to avoid dropping of water over adjoining properties Page Nos. SECTION IV COMPOUND WALLS AND COMMON WALLS Article 2328 – Forced sharing of compound wall Article 2329 – Opening of windows in common wall Article 2330 – Construction over common compound wall Article 2331 – Raising of common compound wall Article 2332 – Right and duty to reconstruct the existing wall Article 2333 – Forced communion in the raised portion of a wall Article 2334 – Repair and reconstruction of common wall Article 2335 – Repairs to various floors belonging to different owners Article 2336 – Ownership of boundary wall Article 2337 – Presumption of communion SECTION V CONSTRUCTION OF STORAGE FOR DANGEROUS SUBSTANCES AND OTHER SIMILAR CASES Article 2338 – Construction of soak pits along common wall or neighbouring wall TITLE VII 492 RIGHT OF EXCLUSION AND DEFENCE Article 2339 – Right of exclusion and defence CHAPTER I RIGHT OF DEMARCATION Article 2340 – Right of demarcation Article 2341 – Basis of Demarcation Article 2342 – Demarcation in case the title or possession is not sufficient Article 2343 – Title document in conflict with the area of the land Article 2344 – Mistake in fixation of boundary marks Article 2345 – Right to demarcation not subject to prescription xcviii CHAPTER II RIGHT TO ENCLOSE PROPERTY Article 2346 – Right to enclose property Article 2347 – Opening of trenches or ditches around property Article 2348 – Canals and water outlets presumed to be held in common Article 2349 – Indications that holding is not in common Article 2350 – Conservation and cleaning of common canal Article 2351 – Presumption regarding ownership of fence of living plants Article 2352 – Conservation and replanting of common fence Article 2353 – Raising of wooden fences and hedges CHAPTER III RIGHT OF DEFENCE Article 2354 – Right of defence Article 2355 – Bar on new work Page Nos. TITLE VIII 494 RIGHT OF RESTITUTION AND COMPENSATION OF VIOLATED RIGHTS Article 2356 – Right of restitution and compensation of violated rights TITLE IX 495 RIGHT OF ALIENATION OR TRANSFER Article 2357 – Modes of alienation or transfer Article 2358 – Need for express alienation Article 2359 – Primacy of right of alienation Article 2360 – Acquisition for public purpose PART IV 499 VIOLATION OF RIGHTS AND REMEDIES BOOK I CIVIL LIABILITY TITLE I 499 PRELIMINARY Article 2361 – Duty to compensate for violation of the right of another Article 2362 – Mode of violation of rights Article 2363 – Types of liability for unlawful acts and omissions Article 2364 – Concept of Criminal and Civil Liability Article 2365 – Connection between Criminal and Civil liability Article 2366 – Heritability of right to compensation TITLE II 500 CIVIL LIABILITY CONNECTED WITH CRIMINAL LIABILITY xcix CHAPTER I FIXATION OF RESPONSIBILITY Article 2367 – Principle of self defence Article 2368 – Duty to assist the victim Article 2369 – Determination and assessment of the limits of fair defence Article 2370 – The legitimacy of self defence Article 2371 – Liability of the persons incharge of public security Article 2372 – Joint responsibility of offenders Article 2373 – Court having jurisdiction to order civil compensation Article 2374 – Civil damages to person who was not party to the criminal case Article 2375 – Security for the right to compensation Article 2376 – Security for compensation for married offender Article 2377 – Grounds for exemption from criminal responsibility but not from civil compensation Article 2378 – Limits of compensation in case of a person of unsound mind Article 2379 – Civil liability of minor Article 2380 – Liability for damages caused by employees or agents Article 2381 – Damages caused in guest houses or hotels Page Nos. CHAPTER II DEGREE OF LIABILITY ARISING FROM CRIMINAL ACTS Article 2382 – Types of damages Article 2383 – Violation of primary rights and acquired rights Article 2384 – Compensation in case of voluntary homicide Article 2385 – Compensation for culpable homicide Article 2386 – Compensation in the case of voluntary hurt Article 2387 – Injuries not caused voluntarily Article 2388 – Acts in violation of personal liberty Article 2389 – Wrongs against good name and reputation Article 2390 – False accusation or allegation of any crime Article 2391 – Violation of honour and virginity Article 2392 – Encroachment or violation of rights TITLE III 505 LIABILITY OF PURELY CIVIL NATURE CHAPTER I LIABILITY FOR FAILURE TO PERFORM OBLIGATIONS Article 2393 – Contractual Liability CHAPTER II LIABILITY FOR DAMAGE CAUSED BY ANIMALS AND OTHER PRIVATELY OWNED THINGS Article 2394 – Liability for damages caused by animals or by other private things Article 2395 – Damage caused by collapse of a building which was in danger of collapsing c CHAPTER III LIABILITY FOR LOSSES AND DAMAGE CAUSED IN ORDER TO AVOID OTHER DAMAGES Article 2396 – Damages caused out of necessity Article 2397 – Damaged ordered by Public authority TITLE IV 506 LIABILITY FOR LOSSES AND DAMAGES DUE TO NON OBSERVANCE OF REGULATIONS OR DUE TO NEGLECT OR LACK OF PRUDENCE Article 2398 – Losses caused by non-observance of regulations or by negligence TITLE V 507 LIABILITY FOR LOSSES AND DAMAGES CAUSED BY PUBLIC SERVANTS IN THE PERFORMANCE OF THEIR DUTIES Article 2399 – Damages caused by public servants in performance of duty Article 2400 – Damages caused by public servants exceeding their lawful powers Article 2401 – Liability of Judge for their judgements Article 2402 – Crimes, abuses and judicial errors by judges Article 2403 – Compensation due to an accused acquitted in Revision for a criminal sentence already executed Page Nos. BOOK II 511 PROOF OF RIGHTS AND THEIR RESTITUTION TITLE I 511 PROOFS CHAPTER I PROOFS IN GENERAL Article 2404 – Definition of proof Article 2405 – Onus of proof Article 2406 – Proof of local or foreign law Article 2407 – Means of proof CHAPTER II ADMISSION BY THE PARTIES Article 2408 – Definition of admission Article 2409 – Types of admission Article 2410 – Meaning of judicial admission Article 2411 – Deposition by party Article 2412 – Probative value of judicial admission Article 2413 – Revocation of judicial admission Article 2414 – Meaning of extrajudicial admission Article 2415 – Modes of effecting extrajudicial admission Article 2416 – Probative value of extrajudicial admission Article 2417 – Admission should be taken as a whole CHAPTER III ci VERIFICATION OF FACTS IN RESPECT OF IMMOVABLES AND MOVABLES Article 2418 – Evidence by verification of facts in relation to immovables and movables Article 2419 – Probative value of verification of facts in respect of movables and immovables CHAPTER IV DOCUMENTARY EVIDENCE Article 2420 – Definition of documentary evidence Article 2421 – Types of documents SECTION I AUTHENTIC DOCUMENTS Article 2422 – Meaning of authentic document Article 2423 – Kinds of authentic documents Article 2424 – Documents separately kept at ‘Torre de Tombo’ Article 2425 – Probative value of authentic official documents Article 2426 – Probative value of authentic extra-official documents Article 2427 – Declarations not covered by probative value of authentic documents Article 2428 – Indispensable nature of proof by authentic document Article 2429 – Reconstitution of misplaced or spoilt documents Article 2430 – Probative value of authentic documents issued in foreign countries SECTION II PRIVATE DOCUMENTS Article 2431 – Definition of private documents Article 2432 – Private documents written and signed by their author Article 2433 – Probative value of private documents signed by the author or witness Article 2434 – Private documents signed on request or by cross Article 2435 – Burden cast on person to whom a writing is attributed Article 2436 – Date of private documents in relation to third person Article 2437 – Private writing which does not hold against its author Article 2438 – Notings by creditor in document creating obligation Article 2439 – Value of personal household documents Article 2440 – Personal household documents to be taken as a whole SECTION III PROOF OF BIRTHS, MARRIAGES AND DEATHS Article 2441 – Proof of births, marriages and deaths Article 2442 – Proof of unregistered facts Article 2443 – Acts prior to the Code Article 2444 – Details to be included in certificate SUB-SECTION I CIVIL REGISTRATION DIVISION I GENERAL PROVISIONS Article 2445 – Scope of Civil Registration cii Article 2446 – Serial number for registration entries Article 2447 – Reading of record Article 2448 – Requirement of records Article 2449 – Particulars mentioned in the record Article 2450 – Corrections or additions to the record Article 2451 – Initialing of documents presented Article 2452 – Duplicate registration Article 2453 – Archives of closed books Article 2454 – Transcription in the Civil Registration Office of the domicile of parties Article 2455 – Records made at residence Article 2456 – Registration of civil acts concerning foreigners Article 2457 – Organization of Civil Registration system Article 2458 – Penalties for violation DIVISION II REGISTRATION OF BIRTHS Article 2459 – Birth record Article 2460 – Persons liable to declare the birth Article 2461 – Declaration of the existence of foundlings or abandoned children Article 2462 – Official competent to receive birth declaration Article 2463 – Signing of birth record Article 2464 – Special requirements of birth registration Article 2465 – Requirements for birth record of abandoned children Article 2466 – Birth registration of children who died before registration Article 2467 – Particulars of parents and grand-parents Article 2468 – Presumption of legitimacy of children born during subsistence of marriage Article 2469 – Entries of legitimation and recognition DIVISION III BIRTH RECORDS IN SPECIAL CASES Article 2470 – Birth records of those born in homes for lepers Article 2471 – Record of birth during sea voyage Article 2472 – Delivery of signed note Article 2473 – Transcription of birth registration Article 2474 – Registration of birth occurred during land journey DIVISION IV REGISTRATION OF MARRIAGES Article 2475 – Registration of marriages Article 2476 – Registration (transcription) of Catholic marriage Article 2477 – Record of marriage celebrated before Civil Registration office Article 2478 – Requirement of entry Article 2479 – Transcription of marriage by Portuguese citizen in a foreign country Article 2480 – Endorsement of annulment DIVISION V REGISTRATION OF DEATHS Article 2481 – Registration of Death Article 2482 – Report of Death Article 2483 – Requirement of death record Article 2484 – Record of death occurred in hospital, jails and leper homes Article 2485 – Registration of death of unknown person ciii Article 2486 – Registration of death during sea journey Article 2487 – Registration of death occurs during land journey DIVISION VI REGISTRATION OF ACKNOWLEDGMENT AND OF THE LEGITIMATION Article 2488 – Register of acknowledgement and legitimations Article 2489 – Records to be made in the aforesaid book Article 2490 – Requirements in records of legitimation or acknowledgement Article 2491 – Endorsement on the records SECTION IV ATTESTING WITNESSES Article 2492 – Capacity to be witness SECTION V DEFECTS WHICH MAY UNDO THE PROBATIVE VALUE OF THE DOCUMENTS Article 2493 – Defects which undo the probative value of authentic documents Article 2494 – Nullity of official documents Article 2495 – Nullity of extra-official documents Article 2496 – Falsity of documents Article 2497 – Authenticity of document prior to XVI century SECTION VI TRANSCRIPTS AND CERTIFIED COPIES Article 2498 – Probative value Article 2499 – Need for transcripts of Powers of Attorney mentioned in documents Article 2500 – Suspicion of falsity of transcript or certificate Article 2501 – Requirements of transcripts and certificates CHAPTER V RES JUDICATA Article 2502 – Meaning of Res judicata Article 2503 – Requisites of Res Judicata Article 2504 – Value of Criminal Res Judicata in Civil matters Article 2505 – Effect of acquittal of accused in criminal case on civil suit for damages CHAPTER VI ORAL EVIDENCE Article 2506 – Admissibility Article 2507 – Limits to use of oral evidence Article 2508 – Oral evidence against or beyond legalized documents Article 2509 – Who can be a witness Article 2510– Natural disability from being witness Article 2511 – Legal incapacity Article 2512 – Testimony of a sole witness Article 2513 – Single deposition tending to prove the same Article 2514 – Probative value of depositions Article 2515 – Defendant’s evidence to prevail civ CHAPTER VII PRESUMPTIONS Article 2516 – Meaning Article 2517 – Force of legal presumptions Article 2518 – Rebuttal of legal presumptions Article 2519 – Judicial discretion as to presumption Page Nos. CHAPTER VIII OATH SECTION I GENERAL PROVISIONS Article 2520 – Requirements Article 2521 – Kinds of oath Article 2522 – Meaning of different kinds of oath SECTION II DECISORY OATH Article 2523 – Admissibility Article 2524 – Stage at which decisory oath may be taken Article 2525 – Consequences of refusal Article 2526 – When oath can be taken Article 2527 – Effects of oath Article 2528 – Bar on retracting from oath Article 2529 – Consequences of oath Article 2530 – Oath by one of joint creditors Article 2531 – Oaths which benefit third parties Article 2532 – Limitations to the preceding provision SECTION III SUPPLEMENTARY OATH Article 2533 – Limits as to admissibility Article 2534 – Consequence of ex-officio oath TITLE II 540 SUITS Article 2535 – Bar on self defence Article 2536 – Role of law in protection of rights cv Article 2537 – Means to defend and secure rights Article 2538 – Laws regulating suits and courts cvi PART I CIVIL CAPACITY (Articles 1 – 358) 2 PART I CIVIL CAPACITY SOLE BOOK TITLE I CIVIL CAPACITY AND LAW REGULATING IT IN GENERAL Article 1 – Concept of Judicial personality – Only man is susceptible to rights and obligations. This constitutes his juridical capacity or personality. Article 2 – Concept of right and duty – Right means the moral faculty to do or not to do certain acts and duty or obligation the moral need to do or not to do certain acts. Article 3 – Scope of civil law – If the rights and duties are confined to mutual relations amongst the citizens themselves as private persons or between citizens and the State in matters of property or of purely individual rights, these rights, and obligations constitute the civil capacity of citizens, they are known as civil rights and obligations and are regulated by the private law contained in the Civil Code with the exception of matters which are regulated by special law. Article 4 – Sources of rights and obligations – These rights and obligation originate:-