Código Civil
Encyclopedia
The current Portuguese Civil Code ("Código Civil") was approved in November, the 26th, 1966 and entered into force in June, the 1st, 1967.
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 reason why it is often referred to Varela's Civil Code as opposed to Seabra's Civil Code, the previous Civil Code of Portugal which preparation commission was presided over by Vicount Seabra and entered into force precisely one century before it 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.
This Code adopted the German classification of areas of Civil Law, following the BGB and is divided into 5 different books:
1. General Part ("Parte Geral")
2. Law of Obligations
("Direito das Obrigações")
3. Property Law
("Direito das Coisas")
4. Family Law
("Direito da Família")
5. Inheritance Law ("Direito das Sucessões")
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.
, China, 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 countless developments, changes, simplifications and additions.
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 reason why it is often referred to Varela's Civil Code as opposed to Seabra's Civil Code, the previous Civil Code of Portugal which preparation commission was presided over by Vicount Seabra and entered into force precisely one century before it 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.
This Code adopted the German classification of areas of Civil Law, following the BGB and is divided into 5 different books:
1. General Part ("Parte Geral")
2. Law of Obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
("Direito das Obrigações")
3. Property Law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
("Direito das Coisas")
4. Family Law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
("Direito da Família")
5. Inheritance Law ("Direito das Sucessões")
The Civil Code was subjected to many revisions and changes both in Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
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
In the former Portuguese possession of MacauMacau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
, China, 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 countless developments, changes, simplifications and additions.