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.
21-470: 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
42-648: A rector of the University of Coimbra , a judge in the Oporto appellate court , a member of Parliament, a Peer of the Realm , and a judge of the Supreme Court of Justice . The Viscount of Seabra is best known as the author of the first Portuguese Civil Code , in 1867, which remained in force for a full century; the original Code is still sometimes referred to as the "Seabra Civil Code". António Luís de Seabra
63-492: A century, until it was replaced in 1967. In the 1851 legislative election , he was again elected member of Parliament, this time for Aveiro , and, on 4 March 1852, was made Minister of Ecclesiastical Affairs and Justice in the third Saldanha government. In 1862, he became Speaker of the Chamber of Deputies and, in 1868, after he was made a Peer , became Speaker of the Chamber of Most Worthy Peers . On 26 July 1866, he
84-590: A lei dos forais . By decree of 8 August 1850, he was trusted with the important mission of drawing up a civil code collecting and restating all private law of the kingdom, as mandated by the Constitutional Charter of 1826 . The project was concluded in 1859, and the civil code was discussed at length in Parliament before finally being approved on 1 July 1867. This civil code, sometimes called Seabra's Civil Code remained in force for exactly
105-607: A priest). From his second marriage, he had a single son, Aristides de Seabra. Vila Flor Vila Flor ( Portuguese pronunciation: [ˈvilɐ ˈfloɾ] ) is a municipality in Portugal. Locally referred to as the Portuguese Capital of Olive Oil , Vila Flor is located in the Terra Quente Transmontana, in the southern part of the district of Bragança . The population in 2011
126-487: A sonnet ( Accordai, cidadãos, que a Pátria geme ) that became rather popular in the day. It was also around this time that he founded the monthly political and literary periodical O Cidadão Literato . In August 1821, he was made a juiz de fora in the town of Alfândega da Fé ; within that year (on 3 December), he was issued public praise from José da Silva Carvalho , the Minister of Justice, for his services. When
147-657: The Portuguese Civil War . He was soon appointed prosecutor in the Castelo Branco appellate court, as well as interim corregedor of Alcobaça . In 1834, he was elected to Parliament for Trás-os-Montes . In 1836, he founded the political periodical O Independente and, that same year, was again elected to Parliament, although the September Revolution interrupted the works of the legislature before they began. On 9 December 1838, he
168-541: The Jews of Portugal because the anti-Semite parents of his fiancée wouldn't approve that policy. King Manuel expelled the Jews from the municipality, whose remaining peoples or the army were then responsible for destroying the homes of the expelled Jews. Administratively, the municipality is divided into 14 civil parishes ( freguesias ): Vila Flor has a Mediterranean climate with hot, dry summers and cold, wet winters. Rich in history, tradition, monuments and citizenry,
189-652: The chancellor of the city's appellate court. He returned to Portugal for his preparatory studies, after which, in 1815, he enrolled at the University of Coimbra , obtaining his degree in Law in 1820. From his student years, around the time of the Liberal Revolution of 1820 , he was politically on the side of the progressive Constitutionalists: when he heard of the Revolution in Oporto , he enthusiastically penned
210-708: The liberal government fell in June 1823, following the royalist Vilafrancada coup, Seabra tendered his resignation. He retreated to his paternal family's house in Vila Flor , where he busied himself translating Horace 's Satires and Epistles (which he would only publish in 1846) and studying rhetoric and natural philosophy . In 1825, he was appointed juiz de fora in Montemor-o-Velho . In 1826, he published in Coimbra an Ode to Infanta Isabel Maria , who
231-536: The municipality is also an important reference for agriculture, owing to the fertility of the Vilariça Valley ( Vale da Vilariça ). Olive oil and chestnut are among its main agricultural productions. Companies, such as Frize (a Sumol + Compal sparkling water brand) and Sousacamp ( edible mushroom producer), known within and outside of Portugal, are located in within its municipal borders. The growth of tourism has meant that lodgings have developed throughout
SECTION 10
#1732766270811252-637: 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 . The Code adopted the German classification of areas of Civil Law, following the BGB , and is divided into 5 main parts (or "books"): The Civil Code
273-476: The same structure, but with several developments, changes, simplifications and additions. Ant%C3%B3nio Lu%C3%ADs de Seabra, 1st Viscount of Seabra D. António Luís de Seabra e Sousa, 1st Viscount of Seabra (2 December 1798 – 19 January 1895) was a Portuguese politician, jurist, and magistrate. A notable figure of the Constitutional Monarchy period, he was a government minister,
294-831: The territory. During the Middle Ages, this bouquet of flowers , as Cabral Adão (1910, in Vila Flor - 1992, in Almada ), Vila Flor-born stomatology doctor and writer, once called it, became the home to many fleeing Jewish families, who settled in the territory to start farms and businesses of small industry (such as tanneries and jewelers). King Manuel eventually conferred on the settlement an official charter ( foral ), later to be reformulated in May 1512. Having favorable, tolerant views towards Portuguese Jews until he decided to marry Infanta Isabella of Aragon , Manuel I agreed to persecute
315-476: Was 6,697, in an area of 265.81 square kilometres (102.63 sq mi). It was King Denis who, while travelling through the burg (then known as Póvoa d´Álem Sabor , became enchanted by the local landscape and, in 1286, renamed the district Vila Flor . Around 1295, the King ordered the construction of a walled city, consisting of five gates, to protect the fledgling settlement and guard Portuguese interests in
336-677: Was a translation of Anne-Marie du Boccage 's La Colombiade , dedicated to Queen Amélie of Orléans . He left a novel, titled António Homem, ou o Mestre Infeliz , unfinished. The Viscount of Seabra married twice: the first marriage was to his cousin Doroteia Honorata, the sister of the Baron of Mogofores, and the second to Ana de Jesus Teixeira, widow of Manuel José Teixeira, with children from her first marriage. The Viscount of Seabra had three sons from his first marriage: António Luís de Seabra, Álvaro Ernesto, and Francisco Luís (who became
357-470: Was at the time Regent . That same year, he had Cândido Lusitano 's poem O Mentor de Filandro published. As he actively opposed King Miguel 's assumption of the throne in 1828, he was forced to move abroad, where he published political pamphlets about the current political situation in his home country. He only returned to Portugal in 1833, following the victory of the Constitutionalists in
378-693: Was born on 2 December 1798, on board the vessel Santa Cruz off the coast of the Portuguese colony of Cape Verde ; his parents, António de Seabra da Mota e Silva (1763–1834) and Doroteia Bernardina de Sousa Lobo Barreto (1764–1809), were travelling to Rio de Janeiro as his father had been named ouvidor of Vila do Príncipe in Minas Gerais , State of Brazil . He was baptised on 5 February 1799, in Rio de Janeiro : his godparents were his sister, Josefa Emília de Seabra, and Luís Beltron de Gouveia de Almeida,
399-399: Was made Rector of the University of Coimbra , and was inaugurated the following 14 August; his tenure ended in 1868, when he was again made Minister of Ecclesiastical Affairs and Justice in the first Ávila cabinet. In the last years of his life, his eyesight declined almost to the point of blindness; still, he endeavoured to translate Ovid 's Tristia . His last published work, in 1893,
420-532: 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. 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
441-731: Was sworn in as member of Parliament for Penafiel and, later, for Oporto . During the Patuleia , he was part of the Oporto Junta. In 1849, he published in Lisbon Observações sobre o artigo 630.º da Novíssima Reforma Judiciária ("Remarks on Article 630 of the New Judiciary Reform) and, in 1850, in Coimbra, the first volume of A Propriedade, Filosofia do Direito; para servir de introdução ao Comentário sobre
SECTION 20
#1732766270811#810189