State Act

Portuguese Civil Code, 1867

Article 1516 – Perishing of the thing lent - If the thing perishes or deteriorates in the course of its proper use, due to an unforeseen event or force majeure, the said thing not having been used for a purpose different from that for which it was lent, all the loss would be on account of the owner, unless there is a stipulation to the contrary. § Sole paragraph - However even in case of force majeure or unforeseen event, if the borrower being able to preserve the thing lent did not save it or preferred to save his own, allowing the thing lent to be lost, all the loss will be on his account.