State Act

Portuguese Civil Code, 1867

Article 1676 – Right to mortgage and encumber the emphyteutic property – The holder may mortgage and encumber the property with any encumbrances or easements without the consent of the absolute owner provided the mortgage or the encumbrance does not amount to the value of the property corresponding to the foro plus 1/5th (one fifth). § Sole paragraph - The owner of the property shall have the right of preference in the case of leases for a period exceeding 10 years.