State Act

Portuguese Civil Code, 1867

Article 401 – Right to the occupied animal - Wild animals accustomed to a certain shelter, provided by human labour, which go to a shelter of a different owner, shall belong to the latter, if they cannot be individually recognized; if not, they can be recovered by the former owner, provided he does not cause any damage to the other. § Sole paragraph - However, if it is proved that the animals were taken, by use of fraud or by use of a device used by the owner of the shelter, where they have been lodged, the latter shall be bound to hand them over to the former owner or pay to him double of the value if the restitution is not possible; and this liability will be without prejudice to the imposition of fines which may be attracted.