State Act

Portuguese Civil Code, 1867

Article 1662 – Indivisibility of Emphyteusis – Emphyteusis are hereditary like the allodial assets; may not be divided into plots except with the consent of the owner. § 1 - The division of the value among the heirs shall be made by estimate the emphyteusis being allotted to one of them as they may agree. § 2 - If there is no agreement, the emphyteusis may be put up for licitation. § 3 - If none of the heirs wants the emphyteutic property, it shall be sold and the price divided. § 4 - If the owner consents to the division into plots, each plot shall constitute a separate emphyteutic property and the owner may only demand the respective “foro” from each of the partners according to the division done. § 5 -The division or splitting up shall not be valid if not made by a formal registered deed which shall include the consent of the property owner. § 6 - In this case, the foro apportioned to each heir may be increased by the amount which owner is entitled to receive due to the inconvenience of the divided recovery. § 7 - If the emphyteutic property is partitioned without the written consent of the owner, each plot shall be liable for the full amount of the fee.