State Act

Portuguese Civil Code, 1867

Article 949 - Acts subject to registration - The following are subject to registration: 1. Real rights over immovable things; 2. Encumbrances over immovable things; 3. Real actions (suits) over specified immobile assets and any others aimed at securing their ownership and possession; suits for nullity of registration or its cancellation; and judgments pronounced and become final in respect of any of these suits; 4. Transfers of immovable property by gratuitous or onerous title (i.e. without consideration or for consideration, respectively) and all transfers of immobile assets or rights; 5. Mere possession. § 1 - For the purposes of Clause 1 of this article, real rights are only ownership or immovable property and the immobile imperfect forms of property specified in Article 2187 of the Civil Code; but the registration of ownership and that of visible easements, the external signs of which are permanent, shall be optional. § 2 - For the purposes of Clause 2 of this Article only the following are considered as real encumbrances; a) Mortgages; b) Attachment in execution and attachment before judgment over immobile assets or mortgage receivables; c) Attachment of mortgage receivables; d) Dowry; e) Lease for more than one year, if there is an advance towards rent, or for more than four if there is no advance; f) Consignment of income towards payment of a specified amount or for specified number of years; g) Award in respect of incomes. § 3 - In the mortgage of factories, besides the buildings, open land and appurtenances considered immovable, machinery and movables meant for its operations, listed in the document of mortgage and which its owners or possessors cannot alienate, encumber or remove from the respective buildings without the written permission of the creditor, on the penalty and liability for a receiver in breach of trust, shall also be included. § 4 - The registration of military easements shall continue to be regulated by the law of 24th May, 1902 with the alterations introduced by subsequent legislations.