State Act

Portuguese Civil Code, 1867

Article 1191 – Powers of the husband over immobile assets – It is not lawful for the husband to alienate immobile assets nor to be in litigation on questions of property or possession of immobile assets without the written consent of the wife. § 1 - Such consent may be made good judicially when the wife refuses to give it without just cause, or when she is unable to give it. § 2 - However, the alienation of exclusive assets made by the husband in violation of the provisions of this article may be annulled at the request of the wife or her heirs only in case the husband is found liable to pay her or her heirs and there being no other assets by which the liabilities can be met. § 3 - In case the said alienations are of common assets, the wife or her heirs or the heirs of the husband with right to the legitimate portion may, in all cases, apply that the same be annulled.