1 Sources of the rules in force
The sources of Portuguese domestic law can be found in Articles 1, 3 and 4 of the Portuguese Civil Code.
The sources of international law can be found in Article 8 of the Constitution of the Portuguese Republic.
1.1 National rules
The following are sources of national law:
- Laws and rules adopted by corporate bodies (Article 1 of the Civil Code).
- Customs (Article 3 of the Civil Code).
- Equity (Article) (Article 4.º of the Civil Code).
1.2 Multilateral international conventions
- Hague Conference on Private International Law
Portugal is bound by 27 of the conventions adopted under the auspices of the Hague Conference on Private International Law. All these conventions can be consulted in the relevant place on the Hague Conference website.
- International Commission on Civil Status (ICCS):
There are nine ICCS Conventions to which Portugal is bound:
Convention on the Issue of Certain Extracts from Civil Status Records for Use Abroad (Paris, 27 September 1956). Approved by: Law No 33/81, published in the Portuguese Official Gazette, Series I, No 196 of 27.8.1981;
Convention on the Free Issue of Certificates of Civil Status and Exemption from the Need for Legalisation (Luxembourg, 26 September 1957). Approved by: Law No 22/81, published in the Portuguese Official Gazette, Series I, No 189 of 19.8.1981;
Convention on the International Exchange of Information Relating to Civil Status (Istanbul, 4 September 1958). Approved by: Decree-Law No 39/80, published in the Portuguese Official Gazette, Series I, No 145 of 26.6.1980;
Convention relating to Changes of Surname and First Name (Istanbul, 4 September 1958). Approved by: Resolution of the Assembly of the Republic No 5/84, published in the Portuguese Official Gazette, Series I, No 40 of 16.2.1984
Convention Extending the Competence of Authorities Qualified to Record the Affiliation of Illegitimate Children (Rome, 14 September 1961). Approved by: Resolution of the Assembly of the Republic No 6/84, published in the Portuguese Official Gazette, Series I, No 50 of 28.2.1984;
International Convention on the Issue of Multilingual Extracts from Civil-Status Records (Vienna, 8 September 1976). Approved by: Government Decree No 34/83, published in the Portuguese Official Gazette, Series I, No 109 of 12.5.1983;
Convention for the Dispensation from the Requirement of Legalisation of Certain Documents (Athens, 15 September 1977). Approved by: Decree Law No 135/82, published in the Portuguese Official Journal, Series I, No 292 of 20.12.1982;
Convention on the Law applicable to Surnames and First Names (Munich, 5 September 1980). Approved by: Resolution of the Assembly of the Republic No 8/84, published in the Portuguese Official Gazette, Series I, No 54 of 3.3.1984;
Convention on the Issuance of a Certificate of Matrimonial Capacity (Munich, 5 October 1980). Approved by: Government Decree No 40/84, published in the Portuguese Official Gazette, Series I, No 170 of 24.7.1984.
- Other relevant multilateral conventions that are binding on Portugal:
Paris Convention for the Protection of Industrial Property (Stockholm, 1967)
UN 1951 Convention Relating to the Status of Refugees and its 1967 Protocol;
Convention for the Settlement of certain Conflicts of Laws in Connection with Bills of Exchange and Promissory Notes (Geneva, 1930);
Convention for the Settlement of Certain Conflicts of Laws in Connection with Cheques (Geneva, 1931);
Convention Providing a Uniform Law on the Form of an International Will (Washington, 1973) – accession approved by Decree-Law No 252/75;
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958);
Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Lugano II Convention) – Council Decision 2009/430/EC of 27 November 2008;
Convention concerning International Carriage by Rail (Bern, 1980), as amended by the Vilnius Protocol of 1999;
European Convention on Information on Foreign Law (London, 1968);
Convention for the Recovery Abroad of Maintenance (New York, 1956);
Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul, 2011).
1.3 Principal bilateral conventions
Agreement on Legal and Judicial Cooperation between the Portuguese Republic and the Republic of Angola, (Luanda, 1995);
Agreement on Legal Cooperation between the Portuguese Republic and the Republic of Guinea-Bissau, (Bissau, 1988)
Agreement on Legal and Judicial Cooperation between the Portuguese Republic and the People's Republic of Mozambique, (Lisbon, 1995);
Agreement on Legal and Judicial Cooperation between the Portuguese Republic and the Democratic Republic of São Tomé and Príncipe, (Lisbon, 1976);
Agreement on Legal and Judicial Cooperation between the Portuguese Republic and the Republic of Cabo Verde, (Praia, 2003);
Agreement for the recovery of maintenance between Portugal and the Republic of Cabo Verde (1982)
Agreement for the Recovery of Maintenance between the Portuguese Republic and the Government of the United States of America (Lisbon, 2000);
2 Implementation of conflict of law rules
In Portuguese law, there is a general principle that the reference by conflict-of-law rules to any foreign law determines, in the absence of any provision to the contrary, only the application of the domestic law of which that law is part (Article 16 of the Civil Code).
2.1 Obligation of the judge to apply conflict of law rules on his own initiative
In Portugal, the courts apply the conflict-of-law rules automatically (Article 5(3) of the Code of Civil Procedure)
2.2 Renvoi
The general provisions on referral are laid down in Articles 17 to 19 of the Civil Code:
- Referral to the law of another State (Article 17 of the Portuguese Civil Code);
- Referral to Portuguese law (Article 18 of the Portuguese Civil Code)
- Cases in which referral is not permitted (Article 19 of the Civil Code).
2.3 Change of connecting factor
The Portuguese judicial system places limitations on changes of connecting factor. Such limits include, for example:
- Cases of evasion of law (Article 21 of the Portuguese Civil Code);
- Majority (Article 29 of the Civil Code)
2.4 Exceptions to the normal application of conflict rules
- Cases of offences against public order (Article 22(1) of the Civil Code)
- The existence of international conventions binding the Portuguese State or the existence of European Union legislation providing for rules on the applicable law other than those provided for in the national conflict-of-law rules.
2.5 Proof of foreign law
The ‘inquisitorial principle’, namely the court’s duty to carry out or order, of its own motion, all actions necessary to determine the truth and for the fair settlement of the dispute with regard to the facts that it is lawfully entitled to examine, is enshrined in Portuguese law (Article 411 of the Portuguese Code of Civil Procedure).
The foreign law is interpreted within the system to which it belongs and in accordance with the rules of interpretation established therein (Article 23 of the Civil Code).
2.6 National resources such as national websites for finding the content of the applicable law and translations in other languages
In Portugal, the applicable legislation can be consulted free of charge through various official and publicly accessible platforms. The main resources are the following:
- Diário da República Electrónico (DRE) – is the official platform for the publication of Portuguese legislation. It allows full and up-to-date consultation of normative acts, including laws, decree-laws, ordinances, resolutions and other legal acts, allowing searches by date, type of legislative text, number or keywords;
- Lisbon District Prosecutor’s Office (PGDL) – This portal provides a database widely used by legal professionals, allowing easy access to consolidated versions of Portuguese legislation, often annotated and organised by subject area.
There are no resources to provide full translations of legislation into other languages.
3 Conflict of law rules
3.1 Contractual obligations and legal acts
Regime provided for in EU law
As a general rule, the law applicable to contractual obligations is determined in accordance with the Rome I Regulation, which overrides the national conflict-of-law rules set out below in so far as it provides differently.
Regime provided for in the national conflict-of-law rules
The law governing legal transactions is provided for in Articles 35 to 40 of the Civil Code, and the law regulating obligations arising from legal transactions is provided for in Articles 41 to 44 of the Civil Code.
3.2 Non-contractual obligations
Regime provided for in EU law
As a general rule, the law applicable to non-contractual obligations is determined in accordance with the Rome II Regulation, which overrides the national conflict-of-law rules below in so far as it provides differently.
Regime provided for in the national conflict-of-law rules
The rules on non-contractual liability are laid down in Article 45 of the Civil Code.
3.3 The personal status, its aspects relating to the civil status (name, domicile, capacity)
The legal regime in the Portuguese legal system establishing personal status is provided for in the sections between Articles 49 and 88 of the Civil Code.
3.4 Establishment of parent-child relationship, including adoption
3.4.1 Establishment of parent-child relationship
The personal law of the parent at the time the relationship was established applies to the establishment of parenthood (Article 56 of the Portuguese Civil Code).
The rules laid down in Articles 56 and 57 of the Civil Code apply to the establishment of parenthood.
3.4.2 Adoption
The personal law of the adoptive parent at the time the adoption applies to the establishment of parenthood (Article 60 of the Portuguese Civil Code).
The rules laid down in Articles 60 and 61 of the Civil Code apply to the adoption.
3.5 Marriage, unmarried/cohabiting couples, partnerships, divorce, judicial separation, maintenance obligations
3.5.1 Marriage
The capacity to marry or to conclude a prenuptial agreement is governed, for each spouse, by their respective personal law, which also defines the rules governing the absence of consent or vitiated consent of the contracting parties (Article 49 of the Civil Code).
The rules laid down in Articles 49 to 54 of the Civil Code apply to marriage.
3.5.2 Unmarried/Cohabiting couples and partnerships
Under Portuguese law, cohabitation is governed by Law No 7/2001 of 11 May 2001 (Protection of Cohabitation).
3.5.3 Divorce and judicial separation
Regime provided for in EU law
The law applicable to divorce and legal separation is determined in accordance with the Rome III Regulation of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, which overrides the national conflict-of-law rules in so far as it provides differently.
Regime provided for in the national conflict-of-law rules
Common national law applies to legal separation and divorce (Article 55 of the Civil Code).
3.5.4 Maintenance obligations
Regime provided for in EU law
The law applicable to maintenance obligations is determined in accordance with the Hague Protocol of 23 November 2007, which overrides the national conflict-of-law rules in so far as it provides differently.
Regime provided for in the national conflict-of-law rules
The law indicated above in the answer to questions 3.1, 3.3, 3.4 and 3.5 applies, as the case may be.
In cases of maintenance due on the basis of a succession or will, the law indicated below in the answer to question 3.7 applies.
3.6 Matrimonial property regimes
Regime provided for in EU law
The law applicable to matrimonial property regimes and to the property consequences of registered partnerships is determined by the following regulations respectively:
- Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
- Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.
The rules laid down in these regulations depart from the following national conflict-of-law rules in so far as they provide for different rules.
Regime provided for in the national conflict-of-law rules
The national law of the spouses at the time of the marriage applies to the substance and effects of premarital agreements and property regimes, whether statutory or contractual (Article 53 of the Civil Code).
3.7 Wills and successions
Regime provided for in EU law
The law applicable to succession is determined in accordance with Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, which overrides the national conflict-of-law rules below, in so far as it provides differently.
Regime provided for in the national conflict-of-law rules
Succession to the estate of the deceased is governed by the personal law of the deceased at the time of his death (Article 62 of the Civil Code).
The rules on the law governing succession are laid down in Articles 62 to 65 of the Civil Code.
3.8 Real property
The law of the State in whose territory the property is located applies to possession, ownership and other rights in rem (Article 46 of the Civil Code).
The rules on the law governing property are laid down in Articles 46 to 48 of the Civil Code.
3.9 Insolvency
In insolvency matters, the general principle is that, in the absence of any provision to the contrary, insolvency proceedings and their effects are governed by the law of the State in which the proceedings have been opened (Article 276 of the Insolvency and Business Recovery Code)
Applicable law:
Law No 7/2001 of 11 May 2001 (Protection of Cohabitation)
Hague Protocol of 23 November 2007
Regulation (EU) 2016/1103 of 24 June 2016
Regulation (EU) 2016/1104 of 24 June 2016
Regulation (EU) No 650/2012 of 4 July 2012
Portuguese Insolvency and Corporate Recovery Code
Final Note
The information in this factsheet is of a general nature and is not exhaustive. It is not binding on the contact point, the European Judicial Network in civil and commercial matters, the courts or any other persons. It is not intended to replace consultation of the applicable legislation in force.