The current Portuguese Civil Code (Portuguese: Código Civil) was approved on 26 November 1966 and entered into force on 1 June 1967. It replaced the previous Portuguese Civil Code of 1868.
Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela, which is why it is often referred to as "Varela's Civil Code" as opposed to "Seabra's Civil Code", the previous Civil Code of Portugal which preparation commission was presided over by the Viscount of Seabra and entered into force precisely one century before the new code was enacted in 1967.
However, due to Professor Vaz Serra's important contributions, the Portuguese Civil Code is often also referred to as "Vaz Serra's Civil Code", specially by authors from the Faculty of Law of the University of Lisbon.
Property Law (Direito das Coisas), Sections 1251 through 1575, describing possession, ownership, other property rights (e.g. servitudes), and how those rights can be transferred.
Inheritance Law (Direito das Sucessões), Sections 2024 through 2334, which regulates what happens to a deceased's estate, as well as the law of wills and contracts concerning succession (pacta successoria).
The Civil Code was subjected to many revisions and changes both in Portugal as well as in some of its former overseas possessions where it still is in force, but the main structure and concepts of it remain untouched since 1867.
The Macau Civil Code of 1999edit
In the former Portuguese possession of Macau, handover to China in 1999, a new Civil Code was approved in 1999. The Macau Civil Code is direct descendant of the Portuguese Code, as it follows the same structure, but with several developments, changes, simplifications and additions.
Bibliographyedit
CARLOS FERREIRA DE ALMEIDA, ASSUNÇÃO CRISTAS and NUNO PIÇARRA (eds.), Portuguese law. An overview, Almedina, Coimbra, 2007.
JORGE GODINHO, Macau business law and legal system, LexisNexis, Hong Kong, 2007.
JORGE GODINHO, The Macau Civil Code. A partial English translation [1].
Civil Code of Portugal (in Portuguese), as maintained by the Diário da República
Referencesedit
March 15, 2024
portuguese, civil, code, current, portuguese, código, civil, approved, november, 1966, entered, into, force, june, 1967, replaced, previous, 1868, text, prepared, commission, professors, which, final, phase, presided, substantially, changed, professor, antunes. The current Portuguese Civil Code Portuguese Codigo Civil was approved on 26 November 1966 and entered into force on 1 June 1967 It replaced the previous Portuguese Civil Code of 1868 Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela which is why it is often referred to as Varela s Civil Code as opposed to Seabra s Civil Code the previous Civil Code of Portugal which preparation commission was presided over by the Viscount of Seabra and entered into force precisely one century before the new code was enacted in 1967 However due to Professor Vaz Serra s important contributions the Portuguese Civil Code is often also referred to as Vaz Serra s Civil Code specially by authors from the Faculty of Law of the University of Lisbon Contents 1 Structure 2 The Macau Civil Code of 1999 3 Bibliography 4 See also 5 External links 6 ReferencesStructure editThe Code adopted the German classification of areas of Civil Law following the BGB and is divided into 5 main parts or books the General Part Parte Geral Sections 1 through 396 comprising regulations that have effect on all the other four parts and on Private Law in general such as sources of law legal interpretation personhood legal capacity emancipation of minors declarations of will rescission formation of contracts limitation periods and agency Law of Obligations Direito das Obrigacoes Sections 397 through 1250 describing contractual obligations and all other sources of civil obligations including torts unjust enrichment and negotiorum gestio Property Law Direito das Coisas Sections 1251 through 1575 describing possession ownership other property rights e g servitudes and how those rights can be transferred Family Law Direito da Familia Sections 1576 through 2023 describing marriage marital property schemes legal guardianship and other legal relationships among family members Inheritance Law Direito das Sucessoes Sections 2024 through 2334 which regulates what happens to a deceased s estate as well as the law of wills and contracts concerning succession pacta successoria The Civil Code was subjected to many revisions and changes both in Portugal as well as in some of its former overseas possessions where it still is in force but the main structure and concepts of it remain untouched since 1867 The Macau Civil Code of 1999 editIn the former Portuguese possession of Macau handover to China in 1999 a new Civil Code was approved in 1999 The Macau Civil Code is direct descendant of the Portuguese Code as it follows the same structure but with several developments changes simplifications and additions Bibliography editCARLOS FERREIRA DE ALMEIDA ASSUNCAO CRISTAS and NUNO PICARRA eds Portuguese law An overview Almedina Coimbra 2007 JORGE GODINHO Macau business law and legal system LexisNexis Hong Kong 2007 JORGE GODINHO The Macau Civil Code A partial English translation 1 See also editPortuguese Goan Civil Code Brazilian Civil CodeExternal links editCivil Code of Portugal in Portuguese as maintained by the Diario da RepublicaReferences edit Retrieved from https en wikipedia org w index php title Portuguese Civil Code amp oldid 1144114279, wikipedia, wiki, book, books, library,
