Presidency of the Republic Civil Cabinet Subchefia for Legal Affairs
Establishing the Civil Code.
THE PRESIDENT OF THE REPUBLIC I know that the Congress decrees and I sanction the following Law:
GENERAL PART
CHAPTER I OF PERSONALITY AND CAPACITY
Article 1 the whole person is capable of rights and duties in civil order.
Art 2 the civil personality of the person's birth begins with life, but the law puts safe from conception, the rights of the unborn.
Article 3 The are absolutely unable to personally exercise the acts of civil life:
I - those under sixteen;
II - who, by mental disease or defect, did not have the necessary insight to such acts;
III - who, because even temporary, can not express their will.
Art 4 the are unable, for certain acts, or the manner of the exercise:
I - over sixteen and under eighteen;
II - the usual drunks, junkies toxic, and that by learning disabilities, have the discretion reduced;
III - the exceptional, without full mental development;
IV - the prodigal.
Single paragraph. The ability of Indians shall be governed by special legislation.
Article 5 The A minority ceases at eighteen complete when the person is empowered to perform all such acts of civilian life.
Single paragraph. Cease to minors, failure:
I - granting the parents, or the lack of one another, through a public instrument, regardless of court approval or by decision of the judge hearing the guardian, if the minor is sixteen years;
II - by marriage;
III - the effective exercise of public employment;
IV - the graduation course in higher education;
V - by civil or commercial establishment, or the existence of an employment relationship, since, according to them, the lowest has sixteen full economy itself.
Section 6 the person the existence of natural ends with death is assumed that, as regards absent in cases where the law authorizing the opening of final succession.
Article 7 the death can be declared presumed, without adjudication of absence:
I - it is extremely likely death of who was in danger of life;
II - if someone, missing or taken prisoner in the campaign, is not found until two years after the war ended.
Single paragraph. The declaration of presumed death in these cases may only be requested after having exhausted the searches and investigations, the sentence should fix the probable date of death.
Article 8 the If two or more individuals have died at the same time, one can not ascertain whether any of Simultaneous death preceded the others, will be presumed dead simultaneously.
Article 9 it shall be recorded in the public record:
I - births, marriages and deaths;
II - by granting emancipation parent or judge's ruling;
III - the banning disability absolute or relative;
IV - a declaratory judgment of absence and presumed death.
Article 10. Far registration will be on public record:
I - sentences that decree the nullity or annulment of marriage, divorce, legal separation and restoration of conjugal society;
II - legal or extralegal acts that declare or recognize the affiliation;
CHAPTER II RIGHTS OF PERSONALITY
Article 11. Except as provided by law, personality rights are inalienable and not transferable and can not suffer your exercise voluntary restraint.
Article 12. You may be required to cease the threat or injury, the right personality, and claim damages, without prejudice to other penalties provided by law.
Single paragraph. In the case of death, will have standing to request the extent provided in this article surviving spouse or any relative straight or collateral to the fourth degree.
Article 13. Saved by medical requirement, it closed the act of disposal of the body, when importing permanent diminution of physical integrity, or counteract morality.
Single paragraph. The act provided for in this Article shall be accepted for transplantation purposes, as established by a special law.
Article 14. It is valid with scientific purpose, or altruistic, the free disposal of the body, in whole or in part, for after death.
Single paragraph. The act of disposal may be freely withdrawn at any time.
Article 15. No one may be compelled to undergo, life-threatening, medical treatment or surgical intervention.
Article 16. Everyone has the right to a name, which includes the first and last name.
Article 17. The person's name can not be used by others in publications or representations as to expose to public contempt, even when there is no intention defamatory.
Article 18. Without authorization, you can not use someone else's name in advertising.
Article 19. The pseudonym adopted for lawful activities enjoys the protection given to the name.
Article 20. Unless authorized, or if necessary for the administration of justice or the maintenance of public order, the disclosure of written transmission of the word, or the publication, display or use the image of a person may be prohibited, at his request and without loss of compensation as applicable, if you achieve the honor, good reputation or respectability, or if intended for trading purposes.
Single paragraph. In the case of dead or missing, have standing to request this protection spouse, ascendants or descendants.
Article 21. A natural person's private life is inviolable, and the judge, the applicant's request, adopt the measures necessary to prevent or terminate act contrary to this standard.
CHAPTER III OF ABSENCE
Section I Of the Missing Curated Goods
Article 22. Shrinking a person's domicile without her there news, if there is no longer representative or attorney who fits administer his property, the court, upon petition of any interested person or prosecutor, declare the absence and appoint you to Curator.
Article 23. We also declare the absence, and appoint a curator, when the absent trustee who does not want to leave or not to exercise the mandate or continue, or if its powers are insufficient.
Article 24. The judge, who appoint the trustee, you will fix the powers and duties under the circumstances, noting, as applicable, the provisions regarding the tutors and curators.
Article 25. The spouse of the missing, when not legally separated, or indeed for more than two years before the declaration of absence, will be the rightful custodian.
1 § The Missing spouse's, the curator of the missing goods lies with the parents or offspring, in this order, without impediment that inhibits holding the post.
§ 2 the descendants Among the closest preceding the earliest.
§ 3 to the absence of the persons mentioned, the choice for the court hearing the curator.
Section II Provisional Of Succession
Article 26. One year after the collection of the missing goods, or if he left agent or attorney, in going three years, those interested can request to declare the absence and tentatively opens the succession.
Article 27. For this purpose in the previous article, only consider themselves interested:
I - the spouse not legally separated;
II - the presumptive heirs, legitimate or testamentary;
III - those who have the goods on right away dependent upon your death;
IV - the creditors of bonds due and unpaid.
Article 28. The sentence that determine the opening of the succession provisional only take effect one hundred and eighty days after being published in the press, but as soon as they go on trial, will make the opening of the will, if any, and inventory and division of property as if the deceased was missing.
§ 1 the end of the term referred to the art. 26, and with no interest in the interim succession, the prosecutor fulfills require it to the competent court.
§ 2 the heir not attending or interested to apply for the inventory until thirty days after the judgment became final pass to send the succession Provisional open, it will proceed to the collection of property, absent the manner established in arts. 1819-1823.
Article 29. Before sharing, the court shall, where appropriate, order the conversion of chattels, subject to deterioration or loss, in property or in securities guaranteed by the Union
Article 30. The heirs to imitirem possession of the property of the absentee, give them guarantees of repayment by pledges or mortgages equivalent to their respective portions.
§ 1 The One who is entitled to possession temporary, but can not provide the security required in this article, will be deleted, keeping the goods that you should fit under the administration of the trustee, or other designated heir by the judge, and to provide this guarantee.
§ 2 the The ascendants, descendants and spouse, once proved their heirs, may, regardless of warranty, come into possession of the property absent.
Article 31. The properties of the missing may only alienate their failure expropriation, or mortgage, when ordering the judge to prevent their ruin.
Article 32. Sworn in goods, the interim successors will be representing the plaintiff or defendant absent, so that they will run against the pending actions and those of the future are moved to that.
Article 33. The child, parent or spouse who is absent interim successor, will your income and all the fruits of the goods that this fit, the other successors, however, should capitalize half of the fruit and yields, according to the provisions of art. 29, according to the public prosecutor, and provide annual accounts to the competent judge.
Single paragraph. If the absent appear, and is satisfied that the absence was voluntary and unjustified, lose it in favor of a successor, his share in the fruits and income.
Article 34. The excluded, according to art. 30, the temporary possession may justify lack of resources, request it be delivered half the share of income that would be hers.
Article 35. If during the tenure provisional prove the exact time of death of the missing, it will consider that date, open the succession in favor of the heirs, who were at that time.
Article 36. If the absentee appears, or if you prove the existence, having established the provisional possession, to cease immediately the advantages of her successors imitidos, leaving, however, required to take the measures assecuratórias accurate, up to the delivery of goods to their owner.
Section III The Definitive Succession
Section 37. Ten years after the judgment became final last granting provisional opening of the succession, those interested can apply for permanent succession and removal of collateral.
Article 38. You can apply for permanent succession, too, proving that the account absent eighty years old, and five-date with the latest news from him.
Article 39. Returning absent in the ten years following the opening of the final sequence, or one of his ascendants or descendants, or that there will be only these goods existing in the state in which they find, the subrogated in his place, or the price that the heirs and there are other interested parties received by the assets sold after that time.
Single paragraph. If, in the ten years that this article refers, not to return the missing, and none interested in promoting the succession final goods collected will go to the city or area of the Federal District, is located in their respective constituencies, incorporating the domain of Union, when located on federal territory.
TITLE II OF LEGAL ENTITIES
CHAPTER I GENERAL PROVISIONS
Article 40. Legal persons governed by public law, internal or external, and private law.
Article 41. They are legal entities of public law:
I - the Union;
III - Municipalities;
IV - municipalities, including public associations; (Amended by Law No. 11,107, 2005)
V - the other entities of public character created by law.
Single paragraph. Unless otherwise stated, the legal entities of public law, which has given structure of private law, shall be governed, as appropriate, regarding their functioning, by the standards of this Code.
Article 42. They are legal entities of public law external foreign states and all the people who are governed by international law.
Article 43. The legal entities of public law are civilly liable for acts of its agents that cause damage in that capacity to third parties, except against the regressive right causing the damage, if any, on their part, negligence or willful misconduct.
Article 44. They are legal entities of private law:
I - associations;
II - societies;
§ 1 The São free creation, organization, internal structure and functioning of religious organizations, being forbidden to the government denying them recognition or registration of incorporation and necessary for their operation. (Included by Law No. 10,825, of 22.12. 2003)
§ 2 The provisions concerning the associations apply to subsidiary companies which are the subject of Book II of the Special Part of this Code. (Included by Law No. 10,825, of 22.12.2003)
§ 3 the political parties will be organized and will operate pursuant to a specific law. (Included by Law No. 10,825, of 22.12.2003)
Article 45. Begins the legal existence of corporations under private law with the inscription of the constitutive act on their record, preceded, where appropriate, authorization or approval of the Executive Branch, claiming up to record all changes that pass the constitutive act.
Single paragraph. Decays in three years the right to annul the constitution of legal persons of private law, the act its default, counting the time of publication of its entry in the registry.
Article 46. The record declares:
I - the name, the purpose, the thirst, the duration and the social fund, if any;
II - the name and individualisation of the founders or founders, and directors;
III - the method by which administers and represents, actively or passively, and out of court;
IV - the constitutive act is reformable regarding the administration, and how;
V - if members respond, or not, alternatively, by social obligations;
VI - the conditions of extinction of the legal entity and the disposal of its property, in this case.
Article 47. Compel the corporate management's acts, exercised within the limits of its powers set out in the charter.
Article 48. If juridical person has collective administration, decisions shall be by majority vote of those present, unless they possess the constitutive act differently.
Single paragraph. Decays in three years the right to annul the decisions referred to in this article, when violating the law or statute, or are mired in error, deceit, deception or fraud.
Article 49. If management of the corporation were to fail, the court, upon petition of any interested party, shall appoint him interim administrator.
Article 50. In case of abuse of legal personality, characterized by misuse of purpose, confusion or equity, the judge may decide, at the request of a party, or prosecutor when it is entitled to intervene in the process, that the effects of certain obligations and certain relations are extended to the private property of the directors or shareholders of the corporation.
Article 51. In case of dissolution of the legal entity or revoked authorization for its operation, it shall stand for the purposes of settlement until it is complete.
§ 1 The Far will be in the record where the legal entity is registered, the registration of its dissolution.
§ 2 The provisions for liquidation of companies apply, where applicable, to other legal entities of private law.
§ 3 the Closed settlement, will promote the cancellation of registration of the legal entity.
Article 52. Applies to corporations, as applicable, the protection of personal rights.
CHAPTER II OF ASSOCIATIONS
Article 53. Constitute associations for the union of people who organize to nonprofit.
Single paragraph. There, among the associates, reciprocal rights and obligations.
Article 54. Under penalty of nullity, the status of associations contain:
I - the name, the purpose and the headquarters of the association;
II - requirements for admission, dismissal and exclusion of members;
III - the rights and duties of members;
IV - the sources of funds for its maintenance;
VI - the conditions for changing the statutes and dissolution.
VII - the form of administrative and approval of their accounts. (Included by Law No. 11,127, 2005)
Article 55. The partners should have equal rights, but the statute may establish categories with special advantages.
Article 56. The membership is transferable if the statute does not otherwise provided herein.
Single paragraph. If the member is in possession of or undivided share of the assets of the association, the transfer of that will not matter, per se , in the allocation of membership to the purchaser or heir, unless otherwise provided in statute.
Article 57. The exclusion of the associate is admissible only having just cause, well recognized procedure that ensures the right of defense and appeal, pursuant to statute. (Amended by Law No. 11,127, 2005)
Article 58. No member may be prevented from discharging duty or function that has been legitimately given, except in cases and in the manner prescribed by law or statute.
Single paragraph. For the resolutions referred to in items I and II of this article is required resolution of the meeting specially convened for that purpose, whose quorum shall be as stated in statute as well as the criteria for election of directors. (Amended by Law No. 11,127, 2005)
Article 60. The convening of the governing bodies far will be in the form of status, guaranteed 1/5 (one fifth) of the members entitled to promote it. (Amended by Law No. 11,127, 2005)
Article 61. Dissolved the association, the remainder of his net worth, less, if applicable, shares or fractions referred to in paragraph ideals of art. 56, is intended for nonprofit entity designated in the statute, or, this omission, by resolution of the members, the institution municipal, state or federal, of identical or similar purposes.
§ 1 The On clause of the statute or in its silence, by resolution of the members, they can, before the allocation of the remaining mentioned in this article, receive in restitution, updated its value the contributions they provide to shareholders of the association.
§ 2 the absence of the Municipality, State, Federal District or Territory in which the association is established, an institution under the conditions indicated in this article, what remains of its assets will be returned to the State Treasury, the Federal District or Union
CHAPTER III OF FOUNDATIONS
Article 62. To create a foundation, their settlor will, by deed or will, free special allocation of goods, specifying the purpose for which it is intended, and stating if you want, the way to manage it.
Single paragraph. The foundation may only be up for religious, moral, cultural or assistance.
Article 63. When insufficient to constitute the foundation, the assets will be allocated to it, if not otherwise provided in the settlor, incorporated into another foundation that intends to equal or similar.
Article 64. Constituted the foundation for legal transaction inter vivos, the grantor is obliged to transfer his property, or rights in rem on the assets gifted, and if you do not, be registered in her name, by court order.
Article 65. Those whom the settlor committing the application of equity, in taking charge of science, develop soon, according to their bases (art. 62), the status of the foundation laid by submitting it, then the approval of the competent authority using the single judge.
Single paragraph. If the status is not established within signed by the settlor, or, if no period, one hundred and eighty days, the commission will be up to prosecutors.
Article 66. By foundations ensure the prosecution of the state where located.
§ 1 the function If the Federal District, or Territory, the charge will be up to federal prosecutors. (See ADIN No. 2794-8)
§ 2 the If extend the activity by more than one State, it will be the burden on each of them to their prosecution.
Article 67. In order to change the status of the foundation is necessary that the reform:
I - is decided by two-thirds of the power to manage and represent the foundation;
II - does not undermine or distort the end of this;
III - is approved by the national prosecutor, and from denying to this case, the judge may supply it, the applicant's request.
Article 68. When the change has not been approved by unanimous vote, the directors of the foundation, to submit to the court the status of the prosecution, require that science be given to the minority unsuccessful challenge it, if you will, within ten days.
Article 69. Making it illegal, impossible or useless to the purpose for which the foundation seeks, or the expiration of its existence, the national prosecutor, or any interested party, you will promote extinction, incorporating your heritage, unless otherwise in the act of incorporation, the bylaws or, in other foundation designated by the judge, who proposes to equal or similar.
TITLE III Of Domicile
Article 70. The domicile of a natural person is the place where it establishes its permanent residence in the mood.
Article 71. If, however, the natural person has multiple residences, where alternately alive, will consider your home any of them.
Article 72. It is also home of the natural person, for the relations pertaining to the profession, the place where it is exercised.
Single paragraph. If the person exercising the profession in several places, each of them will be home to the relationships that you match.
Article 73. It will have a home of natural person who is not habitually resident, where is found.
Article 74. Moves the home, transferring the residence, with the intention to change it.
Single paragraph. The proof of the intention to declare the result of the person to the municipalities of places, leaving, and where it goes, or if such statements do not, of itself change with the circumstances that follow.
Article 75. As legal entities, the household is:
I - Union, the Federal District;
II - States and Territories, the respective capitals;
III - the city, where the municipal administration work;
IV - the other corporations, where their work boards and administrations, or where elected domicile in its special status or incorporation.
§ 1 The person having the legal establishments in several different places, each household will be considered for acts committed therein.
§ 2 the If management or the board, has established abroad, there will be an address by the corporation, with respect to obligations incurred by each of its agencies, the place of business, located in Brazil, which it matches.
Article 76. Have the necessary residence incapacitated, the public servant, the military, maritime and arrested.
Single paragraph. The home is incapable of the wizard or his representative, the public servant, the place in which to exercise their functions permanently, the the military, where service, and, Navy or Air Force, the headquarters of the command to which they find immediately subordinate, of the sea, where the ship is registered, and the prisoner, in the place that comply with the ruling.
Article 77. The diplomatic representative of Brazil, which quoted abroad, claiming extraterritoriality has not designate where in the country your home, you may be sued in the Federal District or the last point of Brazilian territory where had.
Article 78. In written contracts, the contractors may specify an address where they meet and exercise the rights and obligations resulting therefrom.
BOOK II THE GOODS
CHAPTER I Of the goods Considered Themselves
Section I Of Real Estate
Article 79. Soil are property and incorporating all that you naturally or artificially.
Article 80. Are considered property for legal purposes:
I - the real property and ensure that the actions;
II - the right of succession open.
Article 81. Do not lose the character of properties:
I - the buildings that separated from the soil, but preserving its unity, are removed to another location;
II - materials temporarily separated from a building, for it is reempregarem.
Section II Of Movable Property
Article 82. Are movable property susceptible own motion, or removal by external forces, without changing the substance or economic and social destination.
Article 83. Considered to be mobile for legal purposes:
I - the energies that have economic value;
II - the real rights over movable objects and shares;
III - the personal rights of patrimonial character and their actions.
Article 84. The materials for any construction, pending employees, retain their quality of furniture; regain that status from the demolition of any building.
Section III Of Fungible Goods and Supplies
Article 85. Fungible furniture that can replace up by others of the same kind, quality and quantity.
Article 86. Consumables are movable matter whose use immediate destruction of the substance itself, and also considered such those for sale.
Section IV Of divisible goods
Article 87. Divisible goods are those that can fractionate no change in substance with considerable loss of value, or loss of use as intended.
Article 88. The naturally divisible goods may become indivisible determination by the law or by consent of the parties.
Section V Of Singular and Collective Goods
Article 89. Are unique assets that although assembled, are considered per se , regardless of others.
Article 90. Universality is indeed a plurality of unique goods that pertain to the same person, have disposal unit.
Single paragraph. The assets that make this universality may be subject to legal relationships themselves.
Article 91. Universality of law constitutes the complex of relationships, a person endowed with economic value.
CHAPTER II Of Goods Conversely Considered
Article 92. Principal is the good that is about you, abstract or concrete; accessory, one whose existence implies the principal.
Article 93. Belongings are the goods and does not constitute integral parts, are designed so durable, use, service or other embellishment.
Article 94. Legal transactions which concern the good principal does not cover the belongings unless otherwise result from the law of manifestation of will, or the circumstances of the case.
Article 95. Although not yet well separated from the main fruit and may be subject to legal business.
Article 96. Improvements can be voluptuárias, useful or necessary.
§ 1 The St. voluptuárias the mere pleasure or delight, which do not increase the habitual use of the well, which would make it even more enjoyable or are of high value.
§ 2 the useful are those that enhance or facilitate the use of the asset.
§ 3 it is required that the aim to preserve the good or prevent deterioration.
Article 97. Do not consider improvements improvements or additions to sobrevindos well without the intervention of the owner, possessor or keeper.
CHAPTER III Of Public Goods
Article 98. Public goods are national domain belonging to legal entities of public law, all others are private, whatever the person to which they belong.
Article 99. They are public goods:
I - for the common use, such as rivers, seas, roads, streets and squares;
II - the special use, such as buildings or land for service establishment or administration of federal, state, territorial or municipal government, including its municipalities;
III - Sunday, constituting the assets of legal entities of public law, as an object of personal rights, or real, of each of these entities.
Single paragraph. Lacking the law to the contrary, be deemed to be proprietary property belonging to legal entities of public law to which they have given structure of private law.
Article 100. Public goods of common use and special use are inalienable, while retaining their qualification, as determined by law.
Article 101. Public goods can be sold Sunday, subject to the requirements of the law.
Article 102. Public goods are not subject to adverse possession.
Article 103. The common use of public goods can be free or reciprocated, as is legally established by the entity to which they belong administration.
BOOK III Of Legal Facts
TITLE I Business Legal
Chapter I General Provisions
I - agent capable;
III - the manner prescribed by law or not defense.
Article 105. The relative inability of a party can not be claimed by another for their own benefit, or advantage to interested co-able unless, in this case, the object is indivisible from the right or the obligation common.
Article 106. The impossibility initial object does not invalidate the legal business if relative, or cease performed before the condition to which it is subject.
Article 107. The validity of the statement will depend not so special, but when the law expressly requires.
Article 108. Lacking the law to the contrary, the deed is essential to the validity of legal transactions aimed at the establishment, transfer, modification or waiver of real property worth more than thirty times the highest minimum wage in the country
Article 109. In legal transaction with the clause does not enforce without public instrument, this is the substance of the act.
Article 110. The manifestation of will persists even though its author has made a mental reservation of not wanting what manifested unless the recipient had knowledge of it.
Article 111. Silence matter consent, or when circumstances permit the uses and do not require the explicit declaration of intent.
Article 112. In statements will be to meet more intent embodied in them than the literal meaning of the language.
Article 113. Legal transactions should be interpreted according to good faith and customs of the place of its celebration.
Article 114. Legal transactions beneficial and renunciation are interpreted strictly.
CHAPTER II Of Representation
Article 115. The powers of representation give up by law or by the person concerned.
Article 116. The expression of will by the representative within the limits of their powers, shall take effect with respect to that shown.
Article 117. Unless the law permits or represented, the deal is voidable legal representative, on your behalf or on behalf of others, celebrate yourself.
Single paragraph. To this end, it has been concluded by the representative as the business done by him in whom powers are thereby subestabelecidos.
Article 118. The representative is obliged to prove to people who deal on behalf of the defendant, the quality and extent of their powers, lest, failing that, to answer for the acts that exceed these.
Article 119. It is voidable business concluded by the representative in conflict of interest with the principal, if this fact was or ought to be aware of who dealt with that.
Single paragraph. It is one hundred and eighty days from the completion of the business or cessation of disability, the period of decline to plead to the cancellation provided for in this article.
Article 120. The requirements and effects of legal representation are established in the respective standards, the voluntary representation are the Special Part of this Code.
CHAPTER III Of Condition, and the Term Charge
Article 121. It is a condition clause, deriving exclusively from the will of the parties, makes the effect of the legal business and uncertain future event.
Article 122. Are lawful, in general, all the conditions are not contrary to law, public order or morality; defenses are among the conditions that deprive include the effect of any legal business, or subjecting the pure will of either party.
Article 123. Invalidate the legal business that they are subordinate:
I - physical conditions or legally impossible when precedent;
II - the illegal conditions, or doing anything illegal;
III - conditions incomprehensible or contradictory.
Article 124. There have been nonexistent for the impossible conditions when resolving, and not to do something impossible.
Article 125. Tying up the effectiveness of the transaction to the suspensive condition, while it is not check, not have acquired the right, in that he seeks.
Article 126. If anyone in possession of a thing under a condition precedent, and, pending this, as you do to that new measures, they have no value, performed the condition, if they are incompatible with it.
Article 127. If resolutive condition, while it does not perform, will run the business legal and exercise up since the completion of this law established by it.
Article 128. Befallen condition subsequent, extinguished, for all purposes, the right to oppose it, but if affixed to a business run continuous or periodic, its implementation, unless otherwise stated, is not effective as to acts already committed, consistent with the nature of the condition and pending as to the dictates of good faith.
Article 129. Deemed to be verified, the legal consequences, a condition whose implementation is maliciously prevented by the party to whom disadvantage, considering instead the condition unchecked maliciously carried out by whoever takes your implement.
Section 130. The holder of any rights, in cases of a condition precedent or subsequent, is allowed to perform the acts intended to keep it.
Article 131. The initial term suspends the exercise, but not entitlement.
Article 132. Unless otherwise legal or conventional, to compute the periods, excluding the day of commencement, and including maturity.
§ 1 the If the due date falls on holiday, consider it will extend the deadline until the next business day.
§ 2 the middle is considered, in any month, your fifteenth day.
§ 3 the The periods of months and years expire on the same number of first, or immediately, if it lacks exact match.
§ 4 The Deadlines set hourly count will be from minute to minute.
Article 133. In wills, it is assumed the term in favor of the heir, and in contracts for the benefit of the debtor unless, as such, if the content of the instrument, or the circumstances, result that established the benefit of creditors, or both contractors.
Article 134. Legal transactions between living without term are immediately enforceable, unless the implementation has to be done in different place or time dependent.
Article 135. At the end of the initial term and apply, where applicable, the provisions relating to the condition precedent and resolute.
Article 136. The charge does not suspend the acquisition or exercise of the right, except where expressly imposed on legal business, by disponente, as a condition precedent.
Section 137. It is not written the burden illegal or impossible unless constitute the determining motive of liberality, in which case it invalidates the legal business.
CHAPTER IV Of Defects Legal Business
Section I Of Ignorance or error
Article 138. Legal transactions are voidable when statements will emanate from substantial error that could be perceived by the person of ordinary diligence, under the circumstances of the business.
Article 139. The error is substantial:
I - concerns the nature of the business, the main object of the declaration, or any of the qualities essential to it;
II - concerning the identity or essential quality of the person to whom it relates to declaration of intention, since this has influenced so relevant;
III - being right and not implying refusal to law enforcement, is the only or main reason of the transaction.
Article 140. The only reason vitiates false statement of intention when expressed as a determining reason.
Article 141. The erroneous transmission of the will by means interposed is voidable in cases where the same is a direct statement.
Article 142. The error of indication of the person or thing to which to refer the declaration of will, not addicted business when, by its context and the circumstances, if you can identify the person or thing considered.
Article 143. The miscalculation authorizes the rectification of declaration of will.
Article 144. The error does not affect the validity of the transaction when the person to whom the manifestation of will is directed, offer to run it in accordance of the true intention of the demonstrator.
Section II From Dolo
Article 145. Are the legal transactions voidable by fraud, when this is the cause.
Article 146. The intent accidental only requires the satisfaction of damages, and when it is accidental, his spite, the deal would be done, although in another way.
Article 147. In bilateral legal business, the intentional silence of a party concerning the fact or quality that the other party may have ignored is willful omission, proving that without it the business would not have signed.
Article 148. It can also be canceled by the legal business of deceit third party if the party to whom it would enjoy or should have known, otherwise, although there remains the legal business, the third answer for all losses and damages of whom deceived .
Article 149. The intent of the legal representative of a party represented the only forces to respond civilly to the importance of the advantage they had, though, the intent is representative of conventional, represented respond jointly with him for damages.
Article 150. If both parties proceed with intent, no claims can cancel it for business, or claim compensation.
Section III Of Duress
Article 151. The duress to vitiate the declaration of the will, must be such that the patient instil founded fear of imminent harm to his person and handsome, your family, or their property.
Single paragraph. If concerns a person not belonging to the family of the patient, the judge, based on the circumstances, decide whether there was coercion.
Article 152. In assessing coercion, will be taken into account sex, age, condition, health, temperament of the patient and all other circumstances which may influence the severity of it.
Article 153. Not considering the threat of coercion normal exercise of a right, nor the simple awe.
Article 154. Vicia business legal coercion exercised by a third party, if it had or should have known that the part to enjoy, and it will respond jointly with that for losses and damages.
Article 155. Stand the legal business, if the course coercion of third party without that party to enjoy what it had or should have known, but the author of coercion liable for all losses and damages caused to any coerced.
Section IV of the State Hazard
Article 156. Sets up a state of danger when someone pressed the need to save up, or the person in your family, serious damage known by the other party, is excessively burdensome obligation.
Single paragraph. In the case of a person not belonging to the family of the declarant, the judge will decide according to the circumstances.
Section V From Injury
Section 157. Injury occurs when a person, under urgent necessity, or inexperience, undertakes to provide manifestly disproportionate to the value of the benefit opposite.
§ 1 The Enjoys up the disproportion of benefits according to the values prevailing at the time it was entered into the legal business.
§ 2 the decree not cancellation of the deal if offered enough supplement, or if the party favored agree with reducing the advantage.
Section VI From Fraud Against Lenders
Article 158. The transmission business free goods or forgiveness of debt if the debtor practice already insolvent, or reduced them to insolvency, even when the bypass, may be canceled by the unsecured creditors, as detrimental to their rights.
§ 1 the same right to attend creditors whose collateral becomes insufficient.
§ 2 the only creditors who were already at the time of those acts can request the annulment of them.
Article 159. Will also be voidable contracts onerous insolvent debtor, when the insolvency is evident, or there is reason to be known to the other contracting party.
Article 160. If the purchaser of the assets of the insolvent debtor has not paid the price and this is approximately the current release will be deposited in the court, with the citation of all stakeholders.
Single paragraph. If lower, the buyer, to preserve the goods may deposit the price they correspond to the real value.
Article 161. The action in cases of arts. 158 and 159, may be brought against the debtor, the person with whom he entered into the stipulation deemed fraudulent, or third party purchasers who have acted in bad faith.
Article 162. The unsecured creditor who receive the insolvent debtor debt payments not yet due, will be obliged to bring in out of the Acquis on that one has to make the contest creditors, what you received.
Article 163. Fraudatórias presumed rights of other creditors guarantees of debts that the debtor has given any lender.
Article 164. Assume, however, in good faith and are worth the ordinary business essential to maintaining the mercantile establishment, rural, or industrial, or subsistence of the debtor and his family.
Article 165. Annulled the fraudulent deals, the advantage resulting inure to the benefit of the acquis on who has to make the contest creditors.
Single paragraph. If these businesses were sole object assign preferential rights by mortgage, pledge or antichresis, its invalidity imports only in the cancellation of the preference set.
CHAPTER V The Invalidity of Legal Business
Article 166. It is zero when the legal transaction:
I - celebrated person utterly incapable;
II - is unlawful, impossible or indeterminable its object;
III - why determinant common to both parties, is unlawful;
IV - not in the form prescribed by law;
V - deprecated for some solemnity that the law deems essential to its validity;
VI - has designed to defraud mandatory law;
VII - to declare void the law outright, or forbid you to practice without penalty cominar.
Article 167. It simulated null business legal, but what is concealed stand, if it is valid in substance and in form.
§ 1 the simulation there on legal business when:
I - appear to confer or convey rights to persons other than those which actually confer, or transmit;
II - contain statement, confession, condition or provision not true;
III - the instruments are private backdated or post-dated.
§ 2 the Subject to setting the rights of third parties acting in good faith in the face of legal sham contracting business.
Article 168. The nullity of the previous articles can be claimed by any interested party or by the prosecution when it is entitled to intervene.
Single paragraph. The annulments should be pronounced by the judge, when you know the business or its legal effects and find proven, is not allowed to meet them, even though the parties' request.
Article 169. The legal business is not susceptible null confirmation or convalesce by lapse of time.
Article 170. If, however, the legal transaction null contains other requirements, this stand when the purpose for which they were intended to allow the parties assume that the baby would have, had they foreseen the invalidity.
Article 171. Besides the cases expressly stated in the law, the legal transaction is voidable:
I - relative incapacity of the agent;
II - by addiction resulting error, deceit, duress, state of danger or injury or fraud against creditors.
Article 172. The business nullable can be confirmed by the parties, except the right to third.
Article 173. The act of acknowledgment shall contain the substance of the contract agreed and stated willingness to maintain it.
Article 174. It is needless to express confirmation, once the deal has been accomplished in part by the debtor, aware of the addiction which inquinava.
Article 175. Confirmation expressed or performance voluntary business voidable pursuant to articles. 172-174, it is the extinction of all actions, or exceptions, that he had had against the debtor.
Article 176. When the act annulling the result of a lack of authorization to the third, if it is validated to give later.
Article 177. The annulment has no effect before tried by sentence, not to pronounce the letter, only the stakeholders can claim, and exclusively benefits the claim, except in the case of solidarity and indivisibility.
Article 178. It's the four-year period of decline to plead to the cancellation of the transaction, calculated:
I - in the case of coercion, the day on which it ceases;
II - in error, deceit, fraud against creditors, state of danger or injury, the day in which she performed the legal transaction;
III - incapable of the acts, the day on which the incapacity ceases.
Article 179. When the law provides that a particular act is voidable without setting deadline to plead to cancellation, this will be two years from the date of completion of the act.
Article 180. The smaller, between sixteen and eighteen, can not exempt itself to an obligation, to plead his age is intentionally hid it when asked by the other party, or if, in the act of forcing yourself, declared himself more.
Article 181. Nobody can claim that, for a bond canceled, paid an incompetent, if not reversed in proving that the amount paid out of it.
Article 182. Annulled the legal business, will restore the parties to the state they were before him, and, failing that return them, will be compensated with the equivalent.
Article 183. The invalidity of the instrument does not induce the legal business whenever it can prove by other means.
Article 184. Respecting the intention of the parties, the partial invalidity of a transaction will not harm the valid part if it is separable, the invalidity of the principal obligation implies the accessory obligations, but these do not induce the principal obligation.
TITLE II Acts Of Legal lawful
Article 185. The legal lawful acts which are not legal transactions shall apply, where applicable, the provisions of Title before.
TITLE III Of Unlawful Acts
Article 186. He who, by act or omission voluntary negligence or recklessness, violating law and harm others, even if only moral, commits an unlawful act.
Article 187. It also commits the tort holder of a right, to exercise it clearly exceeds the limits imposed by their economic or social order, the good-faith or morals.
Article 188. They do not constitute unlawful acts:
I - practiced in self-defense or in regular exercise of a right recognized;
II - the deterioration or destruction of alien matter, or injury to person, in order to remove danger.
Single paragraph. In the case of section II, the act is legitimate only when circumstances become absolutely necessary, not exceeding the limits of necessary to remove the danger.
TITLE IV Prescription and Decay
CHAPTER I Prescription
Section I General Provisions
Article 189. Violated the law, the holder comes to the claim, which is extinguished by prescription, within the time alluded to in the arts. 205 and 206.
Article 190. The exception prescribes the same period in which the claim.
Article 191. The waiver of the limitation may be expressed or implied, and only worth being made without prejudice to third, after the prescription is consummate; implied waiver when it is deemed interested in the facts, inconsistent with the prescription.
Article 192. The limitation period can not be changed by agreement of the parties.
Article 193. The prescription can be claimed at any level of jurisdiction by the party who takes advantage.
Section II Of the Causes That Prevent or suspended Prescription
Article 197. No prescription runs:
I - between spouses, the constancy of the conjugal partnership;
II - between ascending and descending during the family power;
III - or between wards under guardianship and their guardians or trustees for the guardianship or trusteeship.
Article 198. Nor prescription runs:
I - against incapable of dealing with the art. 3 a ;
II - absent against the country's public service in federal, state or municipalities;
III - against those who are found serving in the Armed Forces during wartime.
Article 199. There also runs the prescription:
I - dangling condition precedent;
III - hanging eviction action.
Article 200. When the action arise from the fact that must be determined in the criminal trial, not run the prescription prior to final judgment.
Article 201. Suspended prescription in favor of creditors of a supportive, others just enjoying the obligation is indivisible.
Section III interrupting Causes Of Prescription
Article 202. The interruption of prescription, which can only occur once, will give:
I - by order of the judge, even incompetent, to order the service, if the person concerned to promote within and in the form of procedural law;
II - to protest the conditions of the preceding paragraph;
III - protest by exchange;
IV - the presentation of the security inventory in court or creditors contest;
V - by any judicial act that constitutes the debtor in default;
VI - by any unequivocal act, though extrajudicial, recognition of the right to import the debtor.
Single paragraph. Prescription interrupted start to run from the date of the act that broke, or the last act to interrupt the process.
Article 203. The prescription can be interrupted by any interested party.
Article 204. The interruption of prescription by a lender does not benefit others; similarly interruption operated against the co-debtor, or his heir, without prejudice to the other obligors.
§ 1 The Disruption by one of the solidary creditors benefits others, as well as the interruption made against the joint debtor involves others and their heirs.
§ 2 the Interruption operated against one of the heirs of the joint debtor does not affect the other heirs or debtors, except in the case of obligations and rights indivisible.
§ 3 the Interruption produced against the principal debtor affect the guarantor.
Section IV Prescription Of Time
Article 205. The limitation occurs in ten years, when the law does not set it there sooner.
Article 206. Prescribes:
§ 1 the In one year:
I - the pretense of hosts or providers of food for consumption on the premises, for the payment of lodging or food;
II - the claim of the insured against the insurer, against this or that, counting the term:
a) for the insured in the case of liability insurance, the date on which it is cited to answer the libel action proposed by the injured third party, or the date that this compensates, with the consent of the insurer;
b) regarding other insurance, the science of the taxable event of the claim;
III - the pretense of notaries, auxiliary justice, court clerks, judges and experts, the perception of fees, costs and fees;
IV - the claim against the experts, the valuation of the assets which came to form the capital of a corporation, from the publication of the minutes of the meeting to approve the report;
V - the claim of unpaid creditors against shareholders or shareholders and liquidators, counted the time of publication of the minutes of completion of the liquidation of the company.
§ 2 The In two years, claiming to be maintenance payments from the date on which they fall due.
§ 3 the In three years:
I - the claim on rents of urban or rustic;
II - the claim to receive overdue rents temporary or lifelong;
III - claim to be interest, dividends or any fringe benefits, payable in periods of not more than one year, with or without capitalization;
IV - the claim for compensation for unjust enrichment;
V - the claim civil damages;
VI - claim to restitution of profits or dividends received in bad faith, at the time of the date it was resolved to distribute;
VII - the claim against the people then indicated by violation of law or statute, counting the term:
a) for the founders, the publication of the articles of incorporation of the corporation;
b) for administrators, or tax, the presentation to the shareholders, the balance sheet for the year in which the violation was committed, or the annual general meeting or that it should take note;
c) for the liquidators, the first meeting after the semester violation;
VIII - claiming to be the payment of debt claim, the date of maturity, subject to the provisions of a special law;
IX - the beneficiary's claim against the insurer and the injured third party, in the case of mandatory liability insurance.
§ 4 The In four years, the claim concerning the guardianship of the date of approval of the accounts.
§ 5 the In five years:
I - the pretense of net debt collection constants public or private instrument;
II - the pretense of professionals in general, judicial attorneys, trustees and teachers for their fees, told the deadline of completing the services, the termination of their contract or mandate;
III - claiming to be the winner of the loser that spent in court.
CHAPTER II Of Decadence
Article 207. Unless otherwise provided by law, do not apply to rules that prevent decay, suspend or interrupt prescription.
Article 208. Applies to decay the provisions of arts. 195 and 198, subsection I.
Article 209. Is null renouncing decay set by law.
Article 210. Should the judge from office know of decadence when established by law.
Article 211. If the decay is conventional, the party to whom it claims can take advantage of any degree of jurisdiction, but the judge can not make the claim.
TITLE V Proof
Article 212. Unless the business to which it imposes a special way, the legal fact can be proved by:
I - confession;
II - document;
III - control;
IV - presumption;
V - expertise.
Article 213. Not effective if the confession comes from those who are not able to have the right to refer the facts confessed.
Single paragraph. If the confession made by an agent, is effective only within the limits in which it can bind the principal.
Article 214. Confession is irrevocable, but can be canceled if elapsed error of fact or duress.
Article 215. The deed done at notes notary's document incorporating public faith, making full proof.
§ 1 The Except as required by law and other requirements, the deed must contain:
I - date and place of its realization;
II - recognition of identity and ability of the parties and there are as many appeared to act by themselves, as representatives, parties or witnesses;
III - name, nationality, marital status, occupation, residence and domicile of the parties and other comparecentes, with indication, where appropriate, the property regime of marriage, the other spouse's name and affiliation;
IV - clear manifestation of the will of the parties and stakeholders;
V - reference to compliance with legal and tax related to the legitimacy of the act;
VI - statement was read in presence of the parties and other comparecentes, or all to read;
VII - signature of the parties and other comparecentes as well as the notary or his legal substitute, ending the act.
§ 2 the comparecente If some can not write or do not know, someone else can sign for him, at his request.
§ 3 the Scripture is written in the national language.
§ 4 the comparecentes If any of you do not know the national language and the notary does not understand the language in which it is expressed, shall attend public translator to act as interpreter, or having not the location, another person can, in the judgment of the notary, has enough competence and knowledge.
§ 5 the comparecentes If any of the notary is not known, nor can be identified by document, the act should participate at least two witnesses who know you and certify their identity.
Article 216. They will do the same test as the originals of the certificates textual any piece judicial protocol of hearings, or any other book in charge of the Registrar being drawn by him or under his supervision, and subscribed by him, as well as transfers of cars, when repaired by another clerk.
Article 217. Will have the same evidential weight transfers and the certificates, drawn by a notary or official registration, documents or instruments issued in his notes.
Article 218. The transfers and certificates will be considered public instruments, if the originals if any produced in court as evidence of some act.
Article 219. The statements contained in signed documents are presumed true in relation to the signatories.
Single paragraph. Having no direct relationship, however, with the main provisions or the legitimacy of the parties, the enunciative statements does not relieve those interested in the truthfulness of their burden of proving them.
Article 220. The consent or approval of others, necessary to the validity of an act, it will prove just as this, and will appear whenever you can, the instrument itself.
Article 221. The particular instrument, made and signed, or signed only by those who are in the free provision and management of their assets, proves the conventional obligations of any value, but their effects, as well as the sale, does not operate, regarding third before recorded in the public record.
Single paragraph. The proof of the particular instrument can fill up the other character cool.
Article 222. The telegram, when he is challenged the authenticity, makes proof by conference with the signed original.
Article 223. A photographic copy of document given by a notary of notes, worth statement as proof of the will, but contested its authenticity, the original should be displayed.
Single paragraph. The proof does not supply the absence of the security, or the original, where the law or circumstances conditional exercise of the right of your display.
Article 224. The documents written in foreign languages will be translated into Portuguese to have legal effect in Brazil
Article 225. Photographic reproductions, films, phonograph records, and in general, any other mechanical or electronic reproductions of facts or make full proof of these things, if the party against whom appear, they do not challenge the accuracy.
Article 226. The books and records of entrepreneurs and companies against people prove they belong, and in your favor, when, without escriturados addiction extrinsic or intrinsic, are confirmed by other subsidies.
Single paragraph. The resulting proof of books and records is not enough in cases where the law requires a public deed or writing particular coated special requirements, and may be rebutted by proof of the falsity or inaccuracy of releases.
Article 227. Except in the cases contemplated, the only testimonial evidence is admitted only in legal transactions whose value does not exceed the greater of ten times the minimum wage in the country at the time they were awarded.
Single paragraph. Whatever the value of the transaction, the testimony is admissible as subsidiary or supplementary proof in writing.
Article 228. Can not be admitted as witnesses:
I - those under sixteen;
II - those who, due to illness or mental retardation, have no insight to the practice of acts of civil life;
III - the blind and deaf when the science of the fact that if you want to prove depends on the senses that they lack;
IV - the person concerned in the proceedings, the intimate friend or the enemy capital of the parties;
V - spouses, ascendants, descendants and collateral, up to the third degree of any of the parties, by consanguinity or affinity.
Single paragraph. For proof of facts that only they know, the judge may admit the testimony of the persons referred to in this article.
Article 229. No one may be compelled to testify about fact:
I - about which, by state or profession, should keep secret;
II - that it can not respond without dishonor own, your spouse, a relative degree successor, or a close friend;
III - to expose, or persons referred to in clause antecedent, the danger, demand, or damage to property immediately.
Article 230. The presumptions, not legal ones, are not allowed in cases where the law excludes testimony.
Article 231. He who refuses to submit to medical examination required can not take advantage of his refusal.
Article 232. The refusal of medical examination ordered by the court may supply the proof that it was intended to get the exam.
PART ES Pecial
TITLE I TERMS OF OBLIGATIONS
CHAPTER I DUTIES OF GIVING
Section I Obligations of Dar Right Thing
Section 233. The obligation to give right thing covers her accessories though not mentioned unless otherwise result if the title or the circumstances of the case.
Article 234. If, in the case of the preceding article, the thing is lost through no fault of the debtor, before the tradition, or pending the suspensive condition, the obligation is settled for both parties if the loss arises from the fault of the debtor, it will respond by equivalent and more damages.
Article 235. Deteriorated the thing, not the debtor being guilty, the creditor may settle the obligation, or accept the thing, slaughtered its price the value lost.
Article 236. Being blamed the debtor, the creditor may require the equivalent, or accept the thing in the state in which they think, entitled to claim, in one or other case, compensation of damages.
Section 237. By tradition belongs to the debtor the thing with its improvements and increased, by which may require an increase in price if the creditor does not assent, the debtor may settle the obligation.
Single paragraph. The fruits are perceived by the debtor, the creditor fitting pendants.
Article 238. If the obligation is to restore right thing, and this through no fault of the debtor, before losing tradition, the lender will suffer a loss, and the obligation will be resolved, except for their rights until the day of the loss.
Article 239. If the thing is lost through the fault of the debtor, it will respond by the equivalent, plus damages.
Article 240. If things deteriorate refundable no fault of the debtor, it will receive the lender, as it might be found, without any compensation if the fault of the debtor, it will observe the provisions of art. 239.
Article 241. If in the case of art. 238, survive improvement or addition to the thing, without expense or work of the borrower, the lender will profit, not required to indemnification.
Section 242. If for improvement, or increase, the debtor hired labor or expenditure, the case be governed by the provisions of this Code relating to improvements made by the possessor in good faith or in bad faith.
Single paragraph. As for the perceived fruits, watch will, likewise, the provisions of this Code, on the possessor in good faith or in bad faith.
Section II Obligations of Dar Thing Uncertain
Section 243. The thing uncertain is indicated, at least, by gender and by how much.
Article 244. In certain things by gender and by how much, the choice belongs to the debtor, if the result is not contrary to the title of obligation, but can not make the thing worse, not be required to pay the best.
Section 245. Cientificado choosing the lender will apply the provisions of Section history.
Section 246. Before choosing, the debtor can not claim loss or deterioration of the thing, even by force majeure or unforeseeable circumstances.
CHAPTER II Obligations to Make
Article 247. Incurs an obligation to indemnify the damages debtor who refuse to provide him only enforced or enforceable only by him.
Section 248. If the provision of the fact become impossible without the fault of the debtor, it will solve the obligation if his fault, liable for damages.
Article 249. If fact can be run by a third party lender is free to send him running at the expense of the debtor, with denial or delay this, subject to reasonable compensation.
Single paragraph. In urgent cases, the creditor may, regardless of legal authorization, perform or have performed the fact, after being reimbursed.
CHAPTER III Of Bonds Don'ts
Section 250. Quench the obligation not to do, since, through no fault of the debtor, if it is impossible to refrain from the act, which undertook not to practice.
Article 251. Practiced by the debtor act, whose failure if forced, the lender may require that the undo him, failing to discard at your expense, compensating the culprit damages.
Single paragraph. In urgent cases, the lender may undo or undo send, regardless of legal authorization, subject to the compensation due.
CHAPTER IV Obligations Alternatives
Section 252. In bonds alternatives, the choice is up to the debtor, if not stipulated otherwise.
§ 1 the debtor can not compel the creditor to receive a benefit party and part in another.
§ 2 the When the obligation is of periodic, the college option may be exercised in each period.
§ 3 the plurality of For choosers, there is no unanimous agreement among them, the judge will decide, after the deadline for this signed for deliberation.
§ 4 the title If the option to defer the third, and it does not want or can not exercise it, the judge choice if there is no agreement between the parties.
Article 253. If one of the two services can not be the object of obligation or rendered unenforceable, stand as the debt to another.
Article 254. If, through the fault of the debtor, if he can not fulfill any of the services, not competing to the creditor the choice, he will be required to pay the value of that last is impossible, most damages and losses that determine the case.
Section 255. When the choice falls to the lender and one of the benefits become impossible through the fault of the debtor, the creditor shall be entitled to require the provision or the remaining value of the other, with damages if, through the fault of the debtor, if both benefits become unenforceable, the lender can claim the value of either, apart from compensation for damages.
Article 256. If all benefits become impossible without the fault of the debtor, it will extinguish the obligation.
CHAPTER V divisible and Indivisible Obligations
Section 257. Having more than one debtor or a creditor for more than divisible obligation, this presumably divided into so many obligations, equal and distinct, as there are creditors or debtors.
Section 258. The obligation is indivisible when the object is to provide a thing or a fact not susceptible of division, by their nature, by reason of economic or reason given to determining the legal business.
Section 259. If there are two or more borrowers, the provision is not divisible, each will be required for all debt.
Single paragraph. The debtor pays the debt, subrogated to the right of the creditor in relation to other obligors.
Section 260. If the plurality of creditors is, each of these may require the entire debt, but the debtor or debtors if desobrigarão, paying:
I - all together;
II - the one giving this deposit of ratification of other creditors.
Section 261. If one receives the benefit of the creditors as a whole, to assist each other the right to demand money from him in the part that fits in total.
Article 262. If one of the lenders to remit the debt, the obligation will not be extinguished for others, but these alone may require, discounting the share of remitting lender.
Single paragraph. The same criteria will be observed in the case of transaction, novation, compensation or confusion.
Section 263. Loses quality indivisible obligation to resolve in damages.
§ 1 the If, for purposes of this article, there is guilt of all debtors will answer all of equal parts.
§ 2 The If one of guilt, others will be exonerated, responding only that the damages.
CHAPTER VI Solidary Obligations
Section I General Provisions
Article 264. There is solidarity when the same obligation competes more than one lender, or more than one borrower, each entitled or obliged, to the whole debt.
Section 265. Solidarity is not presumed; follows the law or the will of the parties.
Article 266. The obligation of solidarity can be straightforward for a co-co-debtors or creditors, and conditional, or term, or payable in different place to the other.
Section II From Active Solidarity
Section 267. Each one of the solidary creditors entitled to require the debtor to comply with the provision entirely.
Section 268. While some lenders do not demand it solidary debtor common, any of those can afford this.
Section 269. The payment made to one of the solidary creditors extinguishes the debt to the amount that was paid.
Section 270. If one of the solidary creditors died leaving heirs, each of these is only entitled to demand and receive a share of the credit that correspond to their share of inheritance, unless the obligation is indivisible.
Section 271. Converting the provision in damages, remains, for all purposes, solidarity.
Section 272. A creditor who has received or remitted the debt payment will respond to the other part that fits them.
Section 273. The solidarity of the creditors the debtor can not oppose the exceptions invoked against the other personal.
Section 274. The trial contrary to one of the solidary creditors does not affect the other, the favorable judgment avails them unless merges personal exception to the creditor who obtained it.
Section III Liability Of Solidarity
Section 275. The creditor is entitled to demand and receive from one or some of the debtors, partially or totally, the common debt if the payment was partial, all other debtors still obligated severally for the rest.
Single paragraph. No matter waiver of the filing of solidarity action by the creditor against one or some of the debtors.
Section 276. If one of the joint debtors died leaving heirs, none of these will be required to pay only the share which corresponds to their share of inheritance, unless the obligation is indivisible, but all together are considered as a joint debtor in relation to other debtors.
Section 277. The payment made by a debtor and obtained forgiveness for him not benefit the other debtors, not until the competition of the amount paid or in relief.
Section 278. Any term, condition or further obligation, stipulated between one of the joint debtors and creditor, can not worsen the position of others without their consent.
Article 279. Impossible to provide the fault of one of the joint debtors, endures all the burden of paying the equivalent, but for damages only responds to blame.
Section 280. All debtors are liable for interest on late payment, even if the action has been brought against only one, but the culprit responds to others the obligation plus.
Section 281. The debtor may object to the creditor sued the exceptions to it are personal and common to all; him no personal advantage exceptions to another co-debtor.
Section 282. The lender may waive solidarity in favor of one, some or all debtors.
Single paragraph. If the creditor solidarity exonerate one or more debtors stand to the other.
Section 283. A debtor who has satisfied the debt in full is entitled to require each of its co-debtors share, dividing evenly among all of the insolvent, if any, assuming equal in debt, all parties co-debtors.
Section 284. In the case of division among the co-debtors, will also exonerated of solidarity by the lender for the part to the obligation incumbent insolvent.
Article 285. If the joint debt interest exclusively to one of the debtors, answer this for all of it to pay for with that.
TITLE II Obligations of Broadcast
CHAPTER I Assignment of Credit
Section 286. The lender may assign your credit if it does not oppose the nature of the obligation, the law or the agreement with the debtor; clause forbidding the sale may not be opposed to the transferee in good faith, if not in the instrument the obligation.
Article 287. Unless otherwise specified, the assignment of a credit covering up all your accessories.
Section 288. It is ineffective against third parties, the transfer of a claim, if not celebrate by means of a public deed or private instrument coated solemnities of § 1 of the art. 654.
Section 289. The mortgage assignee has the right to endorse the transfer of property in the registry.
Section 290. The assignment of credit is not effective against the debtor except when this notification, but by the debtor has notified that in writing public or private, declared himself aware of the assignment made.
Section 291. Occurring multiple assignments of the same claim, that prevails is complete with the tradition of the assigned title.
Section 292. The debtor is under no obligation to, before having knowledge of the assignment, the lender pays primitive, or, in the case of more than one notified transfer, the transferee pays you presents, with the title of the assignment, the obligation of courtesy, when the credit included in deed, the priority of the notification shall prevail.
Section 293. Regardless of the knowledge of the transfer by the debtor, the assignee may exercise the right granted acts conservatories.
Section 294. The debtor may object to the transferee exceptions that will compete, as well as that, when they came to the knowledge of the assignment, had against the assignor.
Article 295. In consideration for the assignment, the assignor, even if not blame, the transferee is responsible for the existence of credit to the time that you gave, it fits the same responsibility in assignments for for free, if you have acted in bad faith.
Article 296. Unless otherwise agreed, the transferor is not responsible for the solvency of the debtor.
Article 297. The transferor and the transferee liable for the solvency of the debtor does not respond for more than that received, with interest thereon, but must reimburse him the costs of the transfer and the transferee has made to the recovery.
Section 298. The credit, once attached, can not be transferred by the lender that you are aware of the seizure, but that the debtor pay, not taking notice of it, is exonerated, subsisting only against the third party creditor rights.
CHAPTER II Of Debt Assumption
Section 299. It is provided to a third party to assume the obligation of the debtor, with the consent of the creditor, the debtor being discharged early, unless that at the time the assumption was insolvent and the creditor ignored.
Single paragraph. Either party may sign the term creditor consents to the assumption of debt, is interpreting your silence as a refusal.
Section 300. Unless express consent of the debtor primitive, are considered extinct from the assumption of debt, guarantees special originally given by him to the creditor.
Section 301. If replacement of the debtor were to be annulled, restores up debt, with all its guarantees, except the guarantees provided by third parties, except if it knew that addiction inquinava obligation.
Section 302. The new debtor can not oppose the exceptions personal creditor to the debtor that competed primitive.
Section 303. The purchaser of mortgaged property can take over the payment of the secured claim if the creditor notified no contest in thirty days the transfer of debt, understanding will be given the nod.
TITLE III From adimplemento and Extinction of Obligations
CHAPTER I Do Pay
Section I Of Who Should Pay
Section 304. Anyone interested in the extinguishment of debt can afford it, using, if the creditor objects, the means leading to the dismissal of the debtor.
Single paragraph. Equal right rests with the third party not interested, if they do in the name and on behalf of the debtor unless this opposition.
Section 305. The third is not interested, you pay the debt in its own name, entitled to refund of up to pay, but not subrogated to the rights of the creditor.
Single paragraph. If you pay the debt before losing, only entitled to repayment at maturity.
Section 306. The payment made by a third party with knowledge or opposition of the debtor, no obligation to reimburse those who paid, if the borrower had the means to rebut the action.
Article 307. You only have to pay to import efficiency transmission property, when done by those who can sell the object it consisted.
Single paragraph. If you then take payment in fungible thing, it can not claim more than the creditor, in good faith, received and consumed, although the solvent had no right to alienate it.
Section II to Those Who Must Pay
Article 308. Payment must be made to the creditor or to those entitled to represent, under penalty of only worth after it ratified by, or as much as reverting to their advantage.
Section 309. The payment made in good faith to the putative creditor is valid, even after it was proven lender.
Section 310. Not worth the payment made to the lender knowingly unable to repay if the borrower fails to prove that it effectively reversed the benefit.
Section 311. It is authorized to receive payment from the carrier discharge, unless the circumstances counteract the resulting presumption.
Section 312. If the debtor pays the creditor, although notified of the seizure made on credit, or challenge him opposed by others, not worth paying against them, which could embarrass the debtor to pay again, getting it except for the return against the lender.
Section III From Object and Its Proof of Payment
Section 313. The lender is not required to receive delivery of the diverse due to him, even more valuable.
Section 314. Although the obligation is divisible by providing object, the creditor can not be compelled to receive, neither the debtor to pay, by parts, if not adjusted.
Section 315. The debts must be paid in cash at maturity in cash and at par value, except as provided in subsequent articles.
Section 316. Is it lawful to agree the progressive successive tranches.
Article 317. When, for unforeseen reasons, survive manifest disproportion between the amount of benefit payable and the moment of his execution, the judge may fix it at the request of a party, in order to ensure, insofar as possible, the real value of the benefit.
Section 318. Conventions are nil payment in gold or foreign currency, as well as to compensate for the difference between this and the value of the national currency, except in cases provided for by special legislation.
Section 319. The debtor is entitled to discharge pays regular, and can withhold payment until it is paid.
Section 320. The discharge, which can always be given by private instrument, designate the amount and kind of debt paid off, the name of the debtor, or who paid for it, time and place of payment, with the signature of the creditor, or his representative.
Single paragraph. Even without the requirements of this article will be worth the discharge, if its terms or circumstances result having been paid the debt.
Section 321. In debts, whose discharge consists in returning the title, lost it, the debtor may require withholding payment, the creditor's statement that discard the title disappeared.
Section 322. Where payment is in shares periodic discharge of the last sets, until proven otherwise, the presumption being solvidas the above.
Section 323. Since the discharge of capital reserves without interest, they are presumed paid.
Article 324. The delivery of the title to the debtor firm presumption of payment.
Single paragraph. Shall become void thus made the discharge if the creditor proves, within sixty days, the lack of payment.
Section 325. Presumed to be borne by the debtor expenses payment and discharge; occur if increased by the lender fact, bear this increased spending.
Section 326. If payment if you go by size, or weight, shall be construed, in the silence of the parties that have accepted the place of execution.
Section IV Place Of Payment
Section 327. It will make the payment on the debtor's domicile, unless the parties agree otherwise, or if the opposite result of the law, the nature of the obligation or the circumstances.
Single paragraph. Assigned two or more places, it is up to the creditor to choose between them.
Section 328. If payment consist in the tradition of a property, or services relating to property, it will be far in the place where the well situated.
Section 329. Occurring serious reason for it not make payment as specified place, the debtor may make it into another without prejudice to the lender.
Section 330. Payment repeatedly done elsewhere does presume waiver from the lender regarding the provisions of the contract.
Section V Of Time Payment
Section 331. Unless otherwise provided by law, have not been adjusted for time payment, the lender may require it immediately.
Section 332. The conditional obligations are fulfilled on the date of the implement condition, leaving the lender with proof that this science had the debtor.
Article 333. Assist the lender the right to collect the debt before the expiration of the period stipulated in the contract or marked this Code:
I - in the case of bankruptcy of the debtor, creditors or contest;
II - if the goods, mortgaged or pledged, are seized in execution by another creditor;
III - if cease, or become insufficient, debt guarantees, personal guarantees, or real, and the debtor summoned, refuse to enforce them.
Single paragraph. In the case of this article, if any, in debt, passive solidarity, shall be esteemed as other debtors won solvents.
CHAPTER II Of Payment Consignment
Section 334. It is considered payment and extinguishes the obligation, the court deposit or banking establishment of the thing due, in cases and legal manner.
Section 335. The assignment takes place:
I - if the creditor is unable, or, without good cause, refuse to receive the payment, discharge or take in due form;
II - if the lender is not, nor have received the thing in place, time and condition due;
III - if the creditor is unable to receive is unknown, declared missing, or reside rather uncertain or dangerous or difficult access;
IV - if there is doubt about who should rightfully receive the object of the payment;
V - is tipped dispute over the object of payment.
Section 336. For the assignment has force payment, mister will compete in relation to people, object, method and time, all requirements without which no valid payment.
Article 337. The deposit will apply in lieu of payment, ceasing, so that you perform to the depositor, interest on debt and risk, unless it is rejected.
Section 338. While the lender does not declare that it accepts the deposit, the challenge or not, the debtor may request the preparation, paying their expenses and subsisting obligation for all legal consequences.
Article 339. Upheld the filing, the debtor can no longer lift it, although the creditor consents, but according to other debtors and guarantors.
Section 340. The creditor who, after challenging the deal or accept the deposit, acquiesce in the survey, you will lose the preference and ensuring that it competed with respect to the thing assigned, falling soon relieved the co-borrowers and guarantors who have not given his agreement.
Section 341. If the proper thing for body or property right that must be delivered in the same place where it is, the debtor may cite the lender or have come to receive it, on pain of being deposited.
Section 342. If the choice of indeterminate thing to compete creditor, he will be cited for that purpose, on pain of losing the right to be deposited and the thing that the debtor choose, the choice made by the debtor, it will proceed as in the preceding article.
Section 343. The cost for the deposit, when founded, run the account of the creditor, and, otherwise, the account of the debtor.
Section 344. The obligation of debtor contested exonerate be by consignment, but if any of you want to pay creditors, having knowledge of the case, you assume the risk of payment.
Section 345. If the debt falls due, pending dispute between creditors who wish to mutually exclude any of them may require the assignment.
CHAPTER III Of Payment with Subrogation
Article 346. The subrogation operates, as of right in favor:
I - the creditor that the debtor pays the debt policy;
II - the purchaser of the mortgaged property, the mortgagee that pays as well as the third-effective payment not to be deprived of the right of property;
III - the third party, who paid the debt for which it was or could be compelled, in whole or in part.
Section 347. The subrogation is conventional:
I - when the lender receives payment for his third and expressly transfers all its rights;
II - when third person lends the borrower the amount need to solve the debt under the express condition that the lender be subrogated to the rights of the creditor satisfied.
Section 348. In case of item I of the preceding Article, the provisions will be effective as to the transfer of credit.
Section 349. Subrogation transfers to the new lender all rights, actions, privileges and guarantees of the primitive in relation to the debt against the principal debtor and the guarantor.
Section 350. In the statutory subrogation subrogated may not exercise the rights and actions of the creditor, but to sum it has paid to relieve the debtor.
Article 351. The originating lender, only partly repaid, will prefer the subrogee, in collecting the remaining debt if the debtor's assets to pay off entirely fail to reach what one another duty.
CHAPTER IV Of the Payment Allocation
Section 352. Any person required by two or more debts of the same nature to one creditor has the right to indicate which of them offers payment, if they are all liquids and losers.
Section 353. Lacking in which the debtor declared net debts and overdue payment charge or, if you accept the discharge of one of them, not be entitled to claim against the allocation made by the creditor, unless there proving he committed violence or deceit.
Section 354. Having principal and interest payment will be charged to accrued interest first, and then in the capital, unless otherwise stipulated, or if the creditor pass to discharge on account of capital.
Section 355. If the debtor fails to make an art statement. 352, and the discharge is silent as to the allocation, this will be in net debts and overdue first. If the debts are all liquid and matured at the same time, the allocation will be far more costly in.
CHAPTER V of payment in kind
Section 356. The lender may consent to receive delivery of the diverse due to him.
Section 357. Given the price of the thing given in payment, the regular relations between the parties shall be the rules of the contract of sale.
Section 358. If the title of the thing given credit for payment, transfer matter in assignment.
Section 359. If the creditor is evicto the thing received in payment, it will restore the obligation early, leaving without effect the discharge of, except for the rights of others.
CHAPTER VI OF NOVATION
Section 360. Give up the novation:
I - when the debtor incurs new debt with a creditor to extinguish and replace the previous one;
II - when new debtor succeeds the old, getting this even with the lender;
III - when, as a result of new obligation, other creditor is replaced the old, getting the debtor quits with this.
Section 361. Not having the heart to novate, express or tacit but unmistakable, the second requirement simply confirms the first.