State Act

Portuguese Civil Code, 1867

Article 1838 - Petition and delivery of the legacy - The legatee shall apply to the heir to carry out the legacy, where he is not in possession of the bequeathed thing. § 1 - When there is a delay on the part of the heirs in taking charge of the inheritance, they may be served with summons to accept or renounce it. § 2 - When the heirs renounce the inheritance the legatees may apply that a curator be appointed for the vacant inheritance and demand from the latter the delivery of the legacy. § 3 - When the legacy consists of a charge on another legacy, the request should be made to the legatee of the latter.