State Act

Portuguese Civil Code, 1867

Article 1047 – Liability of the alienor - The transferor, even though has acted in good faith, is bound to pay fully: 1. The price or what he has received from the evicted transferee; 2. The expenses, the transferee has incurred with the contract and with the suit for eviction, save for the exception of article 1053; 3. All the expenses incurred towards useful and necessary improvements and which may not have been awarded to the transferee by the evicted or by the successful party. § 1 - When the transferee was directed to pay back the income, he may demand from the transferor the income or interest or the property or the sum advanced by him. § 2 - Where the transferee has not been directed to effect the restitution, it is deemed that the income is compensated by the interest. § 3 - When the transferee has obtained benefit on account of deterioration, and he has not been directed to pay the compensation, such benefits shall be adjusted from the amounts which he has to receive from the transferor. § 4 - Where the transferee is held liable for deteriorations, the transferor shall not be liable except where the same are attributable to his fault. § 5 - Where the transferor has done improvements, before the alienation and these were awarded to the successful party, this amount shall be adjusted in the amount which the transferor is to pay. § 6 - The transferor is not bound to pay for expense of voluntary nature which the transferee has made.