State Act

Code of Comunidades of 1961

Art. 186 – The clerk and the attorney of the comunidade, after verifying the authenticity of the documents, shall examine if the name of applicant’s ascendant figures in the catalogue, and after finding it, they shall immediately do the inscription in the respective class. This provision shall be applicable to the widows and unmarried daughters mentioned in the preceding article. § 1. If the clerk of the comunidade and the attorney are not able to make the inscription on the day that the applicant presents the documents, the said clerk, keeping the same in his §possession, shall issue a receipt to the applicant, mentioning the number and the nature of the documents, and shall advise him to come on any first eight days of June of the respective year to collect the copy of the declaration of inscription or the documents with declaration of refusal, on returning the respective receipt to the said clerk. § 2. If the applicant does not satisfy the requirement to be inscribed, as per this article, the inscription shall be refused, handing over to him on the same act or on the day that may be fixed, in terms of preceding paragraph, a note giving grounds for refusal, written and dated by the clerk of the comunidade and signed by him and by the attorney. Based on this note the affected person may file an appeal to the administrator within the next ten days. § 3. If the attorney and the clerk do not agree with the inscription, as applied the matter will be resolved by the managing committee and, in this case, instead of the note of refusal, the applicant shall be given a copy of the respective minutes, mentioning the date of handing over issued by the clerk of the comunidade with which he may file an appeal to the administrator within the next ten days. § 4. The inscription made shall be displayed in the meetings hall during the first fifteen days of the month of June for the examination by the members. § 5. Any member may appeal to the administrator, within the period of ten days, against the inscription unduly done, requesting the exclusion of the inscribed person, and the administrator, after hearing the person concerned, the clerk of comunidade and the attorney and after attaching to the file the copy of the declaration of inscription and the document on which it was based, shall decide the matter according with the law. § 6. The power given to the clerk of the comunidade and to the attorney to do the inscription is restricted only to the cases when in the catalogue the name of father or grand-father of the applicant figures.