State Act

Portuguese Civil Code, 1867

Article 1871 - Irregular fideicommissum - The following shall be deemed to be fideicommissum and, as such, valid upto one degree: 1. The dispositions made with a prohibition of alienations inter-vivos. 2. The dispositions which appoint a third person to take what is left from the inheritance or from the legacy on the death of the heir or of the legatee. § Sole paragraph – The right to alienate accruing to the fiduciary by virtue of Clause 2 shall be used only when the fiduciary does leave any properties of his own, apart from the building of his usual residence, and after having obtained the permission of the fideicommissarius for this purpose or after making good his consent through the Court.