PORTUGUESE CIVIL CODE, 1867
Official Translation with notes
First Edition
August, 2018
© Government of Goa
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iii
GENERAL CONTENTS
Contents Page No.
1. Introductory Note ……………… v
2. Charter of Law of 1st of July 1867 ……………… vii
3. Law dated 18/11/1869 extending the
Civil Code to the overseas provinces ……………… xi
4. Chronology of legislation affecting the Code ……………… xv
5. Internal Organization of the Civil Code ……………… xvii
6. Table of contents ……………… xix
7. Detailed index of articles ……………… xxv
8. 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shall stand repealed.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 19 th 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 16 th 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 1 st 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 – GuardiaExcerpt shown. Open the full act in Lexace.
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