State Act

Portuguese Civil Code, 1867

Article 438 – Saving of acquired rights - What is provided in the preceding articles will not prejudice the rights acquired at the time of promulgation of this Code, over certain and specified waters by law, usage and custom, express grant, decree or prescription. § Sole paragraph. Prescription, however, can be looked into for the consequences of this article only when it has ripened after opposition which is not pursued, or involving construction of works in the property at higher level, from which an inference can be drawn of the abandonment of the original right.