Portugal

Article 36: Family, marriage and filiation 

1. Everyone shall possess the right to found a family and to marry on terms of full equality.
2. The law shall regulate the requirements for and the effects of marriage and its

dissolution by death or divorce, regardless of the form in which it was entered into. 

3. Spouses shall possess equal rights and duties in relation to their civil and political capacity and to the maintenance and education of their children.
4. Children born outside wedlock shall not be the object of any discrimination for that reason, and neither the law, nor official departments or services may employ discriminatory terms in relation to their filiation.
5. Parents shall possess the right and the duty to educate and maintain their children.
6. Children shall not be separated from their parents, save when the latter do not fulfil their fundamental duties towards them, and then always by judicial order.
7. Adoption shall be regulated and protected by law, which shall lay down swift forms of completion of the necessary requirements.

Portugal Constitution-English-PDF.

Article 132 Assigned homicide 

1 – If the death is produced in circumstances that reveal special censorship or perversity, the agent shall be punished with imprisonment from twelve to twenty-five years. 

2 – It is susceptible to reveal the special censorship or perversity referred to in the previous number, among others, the fact that the agent: 

1. A) To be the descendant or ascendant, adopted or adoptive, of the victim;
2. B) Practice the act against spouse, ex-spouse, person of another or the same sex with whom the agent maintains or has maintained a relationship similar to that of the spouses, even without cohabitation, or against parent of common 1st-degree descendant ;

(C) practice the act against a particularly defenseless person, on grounds of age, disability, illness or pregnancy; 

1. D) To employ torture or cruelty to increase the suffering of the victim;
2. E) To be determined by greed, by the pleasure of killing or causing suffering, to excitement or satisfaction of the sexual instinct or for any reason awkward or futile;

(F) be determined by racial, religious, political or racial hatred derived from color, ethnic or national origin, sex, sexual orientation or gender identity 

of the victim; 

1. G) To prepare, facilitate, execute or cover another crime, facilitate the escape or ensure impunity of the perpetrator of a crime;

(H) to practice this together with at least two other persons or to use a particularly dangerous means or to commit a crime of common danger; 

1. I) Use poison or any other insidious means;
2. J) To act with coolness of mind, with reflection on the means employed or to have persisted in the intention to kill for more than twenty-four hours;
3. L) To practice this fact against a member of the sovereign body, the Council of State, the Representative of the Republic, a magistrate, a member of a government body of the autonomous regions, an Ombudsman, a member of a local authority body or a service or body that exercises Public authority, public force commander, jury, witness, lawyer, solicitor, executing agent, judicial administrator, all those who perform functions in the context of out-of-court settlement procedures, agent of security forces or services, civil servant, civilian Or military officer, public officer or citizen in charge of public service, teacher, examiner or member of school community, or minister of religious worship, judge or sports referee under the jurisdiction of sports federations, 
4. M) Be an employee and practice the act with serious abuse of authority.

Article 152 Domestic violence 

1 – Who, whether or not repeatedly, inflict physical or psychological maltreatment, including corporal punishment, deprivation of liberty and sexual offenses: 

1. A) To the spouse or former spouse;
2. B) The person of another or the same sex with whom the agent maintains or has maintained a relationship of courtship or a similar relation to the one of the spouses, although without cohabitation;
3. C) The parent of common descendant in 1st degree; or

(D) a person who is particularly defenseless, in particular because of age, disability, illness, pregnancy or economic dependency, which coexists with him; 

Shall be punished with imprisonment from one to five years, if a more severe penalty does not fit him under another legal provision. 

2 – In the case provided for in the preceding paragraph, if the perpetrator acts against a minor, in the presence of a minor, in the common domicile or at the domicile of the victim shall be punished with imprisonment of two to five years. 

3. If the facts provided for in paragraph 1 result in:
4. A) Offense to serious physical integrity, the agent shall be punished with imprisonment of two to eight years;
5. B) Upon death, the agent shall be punished with imprisonment for three to ten years.

4 – In the cases foreseen in the previous numbers, the accessory sentences of prohibition of contact with the victim and prohibition of the use and possession of arms, for the period of six months to five years, and of obligation of frequency of programs Prevention of domestic violence. 

5. The accessory offense of contact with the victim shall include removal from the place of residence or place of work of the victim and compliance with it must be supervised by technical means of remote control.

6 – Anyone who is convicted of a crime under this article may, given the specific gravity of the act and its connection with the function exercised by the agent, be disqualified from exercising parental authority, guardianship or custody for a period of one to ten years . 

Article 154. Coercion  

1 – Any person who, by means of violence or threatening with an important evil, embarrasses another person to an action or omission, or to support an activity, shall be punished with imprisonment for up to three years or with a fine. 

2 – The attempt is punishable. 

3 –  The fact is not punishable: 

(A)  if the use of the means to achieve the intended purpose is not objectionable; or 

(B)  If it is aimed at avoiding suicide or typical illicit practice. 

4 – If the act occurs between spouses, ascendants and descendants, adopters and adoptees, or between persons of the same sex, living in a situation similar to that of the spouses, the criminal procedure depends on a complaint. 

Article 154b. Forced marriage 

Anyone who compels another person to enter into a marriage or union comparable to that of marriage is punished with a prison sentence of up to 5 years. 

Article 154c Preparatory acts 

The preparatory acts of the crime foreseen in the previous article, including that of attracting the victim to a territory other than that of his residence with the intention of embarrassing him to contract marriage or marriage comparable to that of marriage, shall be punished with a prison sentence of up to one year or penalty Of fine up to 120 days. 

Article 155 The record 

1. Where the facts provided for in Articles 153 to 154c are fulfilled:
2. A) By threatening to commit a crime punishable by a prison sentence of more than three years; or
3. B) Against a particularly defenseless person, due to age, disability, illness or pregnancy;
4. C) against one of the persons referred to in Article 132 (2) (l), in the performance of their duties or because of them;
5. D) By official with serious abuse of authority;
6. E) Determination of the circumstance provided for in article 132, paragraph 2, f);

The perpetrator shall be punished with imprisonment for up to two years or with a fine of up to 240 days, in cases of articles 153 and 154-C, with a term of imprisonment of 1 to 5 years, in cases of no. (1) and 154a and with a term of imprisonment of 1 to 8 years in the case of Article 154b. 

2. The same penalties shall apply if, by reason of threat, coercion, persecution or forced marriage, the victim or person to whom the harm is due shall commit suicide or attempt suicide.

Article 158. Kidnapping 

1 – Anyone who detains, arrests, holds or apprehends another person or in any way deprives them of their liberty shall be punished with imprisonment for up to three years or with a fine. 

2 – An officer shall be punished with imprisonment of two to ten years if deprivation of liberty: 

(A)  Last for more than two days; 

(B) is  preceded or accompanied by an offense to the grave physical integrity, torture or other cruel, degrading or inhuman treatment; 

(C) It is  practiced with the false pretext that the victim suffered from a psychic anomaly; 

(D)  result in suicide or offense to the grave physical integrity of the victim; 

(E) Is  practiced against a particularly defenseless person, due to age, disability, illness or pregnancy; 

(F) is  committed against one of the persons referred to in article 132, paragraph 2, l), in the performance of their duties or because of them; 

(G) It is  practiced by means of a simulation of public authority or by an official with serious abuse of authority. 

3 – If the deprivation of liberty results in the death of the victim, the agent shall be punished by imprisonment from three to fifteen years. 

Article 160. Trafficking in Persons 

1 –  Whoever offers, delivers, enlists, encourages, accepts, transports, lodges or accommodates persons for the purpose of exploitation, including sexual exploitation, exploitation of work, begging, slavery, extraction of organs or the exploitation of other activities Criminals: 

(A)  By violence, abduction or serious threat; 

(B)  Through trick or fraudulent maneuver; 

(C)  With abuse of authority resulting from a relationship of hierarchical, economic, work or family dependency; 

(D)  Taking advantage of the psychic incapacity or situation of special vulnerability of the victim; or 

(E)  by obtaining the consent of the person having control over the victim; 

Shall be punished by imprisonment for three to ten years. 

2. The same penalty shall be applied to anyone who, by any means, to recruit, solicit, transport, host or receive a minor, or to deliver, offer or accept, for the purpose of exploitation, including sexual exploitation, Begging, slavery, the extraction of organs, the adoption or exploitation of other criminal activities.

3 in the case provided for in the preceding paragraph, if the agent uses any of the means provided in the sub-paragraphs of paragraph 1 or acts professionally or with a lucrative intention, he shall be punished with imprisonment from three to twelve years. 

4 –  The penalties provided for in the preceding paragraphs shall be increased by one third, in their minimum and maximum limits, if the conduct referred to therein: 

(A)  Has endangered the life of the victim; 

(B)  has been committed with particular violence or has caused the victim particularly serious damage; 

(C) it  has been committed by an official in the performance of his duties; 

(D) it  has been committed in connection with a criminal association; or 

(E) It results in the suicide of the victim. 

5 – Any person who, through payment or other consideration, offers, delivers, solicits or accepts minor, or obtains or gives consent to its adoption, shall be punished with imprisonment from one to five years. 

6. Who, having knowledge of the practice of crime referred to in paragraphs 1 and 2, use the services or organs of the victim shall be punished with imprisonment from one to five years, if a more serious penalty does not fit him under another provision cool.

7 –  Any person who retains, conceals, damages or destroys identification or travel documents of a person who has been a victim of a crime, as provided for in paragraphs 1 and 2, shall be punished by imprisonment for up to three years, if a serious penalty does not apply to him by virtue of another Provision. 

8 – The consent of the victim of the crimes foreseen in the previous numbers does not exclude in any case the illegality of the fact. 

Article 169. Procurement 

1 – Any person, professionally or with a lucrative intention, to foment, favor or facilitate the exercise by another person of prostitution shall be punished with imprisonment from six months to five years. 

2 –  If the agent commits the crime foreseen in the previous number: 

(A)  By means of violence or serious threat; 

(B)  Through trick or fraudulent maneuver; 

(C)  With abuse of authority resulting from a family relationship, guardianship or custody, or hierarchical, economic or work dependency; or 

(D)  Taking advantage of the psychic incapacity or situation of special vulnerability of the victim; 

Shall be punished with imprisonment from one to eight years. 

Article 175. Facilitation of Child Prostitution 

1 – Anyone who encourages, favors or facilitates the practice of prostitution of a minor shall be punished with imprisonment from one to five years. 

2 –  If the agent commits the crime foreseen in the previous number: 

(A)  By means of violence or serious threat; 

(B)  Through trick or fraudulent maneuver; 

(C)  With abuse of authority resulting from a family relationship, guardianship or custody, or hierarchical, economic or work dependency; 

(D)  Acting professionally or for profit; or 

(E)  Taking advantage of the psychic incapacity or situation of special vulnerability of the victim; 

Shall be punished with imprisonment from two to ten years. 

Article 177 The record 

1. The penalties provided for in Articles 163 to 165 [Crimes against sexual freedom] and 167 to 176 [Crimes against sexual self-determination] shall be increased by one third, within their maximum and maximum limits, if the victim:
2. A) Upward, downward, adoptive, adopted, relative or related to the second degree of the agent; or
3. B) Is in a family relationship, guardianship or custody, or hierarchical, economic or work dependency of the agent and the crime is practiced with advantage of this relat
4. The aggravations provided for in the previous paragraph do not apply in the cases of articles c) of no. 2 of article 169 and article c) of no. 2 of article 175.
5. The penalties provided for in Articles 163 to 167 and 171 to 174 shall be increased by one third, within their minimum and maximum limits, if the offender is a sexually transmitted disease.
6. The penalties provided for in Articles 163 to 168 and 171 to 174 shall be increased by half, within their minimum and maximum limits, if the conduct described therein results in pregnancy, serious physical harm, Pathogen that creates danger to life, suicide or death of the victim.
7. The penalties provided for in Articles 163, 164, 168, 174, 175 and 176 (1) shall be increased by one third, within their minimum and maximum limits, If the victim is under 16 years of age.
8. The penalties provided for in Articles 163, 164, 168, 175 and 176 (1) shall be increased by half, within their minimum and maximum limits, if the victim is a minor Of 14 years.
9. If more than one of the circumstances referred to in the preceding paragraphs results in the same conduct, it shall only be considered for the purpose of determining the applicable penalty that has the strongest aggravating effect, the other being assessed or other as punishable.

Portugal Penal Code-English-PDF.

Article 132 Emancipation 

The minor is fully emancipated by marriage.  

Article 147 Personal rights and business of everyday life 

1 – The exercise by the person accompanied by personal rights and the celebration of business in everyday life are free, except 

provision of the law or judicial decision to the contrary. 

2 – The rights to marry or constitute situations of union, procreation, profiling or 

adopt, care for and educate children or adoptees, choose a profession, move around the country or abroad, fix home and residence, establish relationships with those who understand and test 

Article 1589 Duality of marriages 

1 – The Catholic marriage contracted by persons already linked to each other by an undissolved civil marriage is registered to the seat, regardless of the preliminary marriage process. 

2 – The civil marriage of two persons united by previous Catholic marriage is not permitted. 

Article 1597 Preliminary Marriage Process 

1 – The ability of the bride and groom to contract marriage is proven through the preliminary marriage process, organized in the conservatories at the request of the bride and groom or the respective parish priest. 

2 – The consent of the parents or guardian, regarding the minor child, can be given in the presence of two witnesses before the parish priest, who will raise a case report, signing it with all the intervening parties. 

Article 1598 Certificate of marital capacity 

1 – In the final dispatch of the preliminary marriage process, the absence of any impediment to the marriage being verified, the civil registry official extracts from him the certificate of matrimonial capacity, which is sent to the parish priest and without which the marriage cannot be celebrated. 

2 – If, after the certificate has been issued, the employee becomes aware of any impediment, he shall immediately report it to the parish priest, in order to remain in the celebration until the respective judgment. 

Article 1599 Exemption from preliminary marriage proceedings 

1 – Marriage in articulo mortis, on the verge of childbirth or whose immediate celebration is expressly authorized by the ordinary ordinary, for serious moral reasons, can be celebrated regardless of the preliminary process of marriage and the passing of the certificate provided for in the previous article. 

2 – The exemption from the preliminary marriage process does not alter the requirements of the civil law as to the matrimonial capacity of the bride and groom, subject to the sanctions established in the same law. 

Article 1601 Absolute direct impediments 

These are direct impediments, preventing the marriage of the person whom they respect with any other: 

1. a) The age of less than sixteen years;
2. b) Notorious dementia, even during lucid intervals, and the decision to follow up, when the respective sentence so determines;
3. c) The previous undissolved marriage, Catholic or civil, even though the respective seat has not been registered in the civil status register.

Article 1602 Relative direct impediments 

The following impediments are also mandatory, notwithstanding the marriage between each other, the following impediments: 

1. a) Kinship in a straight line;
2. b) The previous list of parental responsibilities;
3. c) Relationship in the second degree of the collateral line;
4. d) Affinity in the straight line;
5. e) The previous conviction of one of the spouses, as perpetrator or accomplice, for intentional murder, even if not consummated, against the spouse of the other.

Article 1604 Impedent impediments 

Impedent impediments, in addition to others designated in special laws, are: 

1. a) The lack of authorization by parents or guardian for the marriage of the minor spouse, when not provided by the civil registry;
2. b) (Repealed);
3. c) Relationship in the third degree of the collateral line;
4. d) Guardianship, supervision of a major or legal administration of assets;
5. e) (Repealed);
6. f) The pronouncement of the spouse for the crime of intentional homicide, even if not consummated, against the spouse of the other, as long as there is no dismissal or acquittal by a final and unappealable decision.

Article 1611 Statement of impediments 

1. Until the moment of the celebration of the marriage, any person can declare the impediments of which he is aware.
2. The declaration is mandatory for the Public Prosecutor’s Office and civil registry employees as soon as they become aware of the impediment.

3 – Once the declaration has been made, the marriage will only be celebrated if the impediment ceases, is dismissed under the terms of article 1609 or if it is judged unfounded by a judicial decision with final judgment. 

Article 1612 Authorization from parents or guardian 

1. Authorization for marriage under the age of eighteen and over sixteen must be granted by parents exercising parental authority, or by the guardian.

2 – The civil registry officer may supply the authorization referred to in the preceding paragraph if there are significant reasons justifying the celebration of the marriage and the minor has sufficient physical and psychological maturity. 

Article 1617 Actuality of the mutual consensus 

The will of the spouses is only relevant when manifested in the very act of celebrating the wedding. 

Article 1619 Personal character of the mutual consensus 

The will to marry is strictly personal in relation to each of the spouses. 

Article 1622 Celebration 

1 – When there is a fear of death close to one of the spouses, or imminent childbirth, the celebration of the marriage is allowed regardless of the respective preliminary process and without the intervention of the civil registry official. 

2 – Minutes of the urgent marriage are drawn up, under the conditions provided for in the civil registration law. 

3 – (Repealed.) 

Article 1625 Jurisdiction of ecclesiastical courts 

Knowledge of the causes regarding the nullity of Catholic marriage and the exemption from rat and unconsummated marriage is reserved for the competent courts and ecclesiastical offices. 

Article 1628 Non-existent marriages 

It is legally non-existent: 

1. a) The marriage celebrated before those who had no functional competence for the act, except in the case of urgent marriage;
2. b) Urgent marriage that has not been approved;
3. c) The marriage in whose celebration the declaration of the will of one or both marriages, or the attorney of one of them, was lacking;
4. d) The marriage contracted by means of a proxy, when celebrated after the effects of the proxy have ceased, or when it has not been granted by whoever appears in it as a constituent, or when it is void due to lack of special powers for the act or express designation of the other contractor;
5. e) (Repealed).

Article 1631 Causes of annulment 

Marriage is voidable: 

1. a) Contracted with some direct impediment;
2. b) Celebrated, on the part of one or both of the spouses, with lack of will or with the will vitiated by error or coercion;
3. c) celebrated without the presence of witnesses, when required by law.

Article 1633 Marriage validation 

1 – The annulment is considered to have been solved and the marriage is valid from the moment of the celebration, if before the judgment of annulment any of the following facts occurs: 

1. a) The marriage of a non-nubile minor confirmed by the latter, before the official civil registry and two witnesses, after reaching the age of majority;
2. b) The marriage be confirmed by the person who was in the situation of paragraph b) of article 1601, after the latter has judicially verified the cessation of the causes of the impediment;
3. c) The first wedding of the bigamus be declared null or annulled;
4. d) The absence of witnesses is due to circumstances that are acceptable, as recognized by the conservative, as long as there are no doubts about the execution of the act.

2 – Paragraph 2 of article 287 does not apply to marriage. 

Article 1634 Presumption of will 

The declaration of the will, in the act of the celebration, constitutes a presumption not only that the spouses wanted to contract the marriage, but that their will is not vitiated by error or coercion. 

Article 1635 Nullability due to unwillingness 

Marriage is voidable due to unwillingness: 

1. a) When the spouse, at the time of the celebration, was unaware of the act he was practicing, due to accidental incapacity or another cause;
2. b) When the spouse was in error about the physical identity of the other contractor;
3. c) When the declaration of will has been extorted by physical coercion;
4. d) When it has been simulat

Article 1638 Moral coercion 

1. Marriages celebrated under moral coercion are voidable, provided that the evil with which the spouse is illegally threatened is serious, and the fear of its consummation is justified.
2. The unlawful threat is equated with the fact that someone, consciously and illicitly, extends the declaration of the will to the spouse by promising to free him from a fortuitous or caused by another.

Article 1639 Annulment based on handicap direct 

1. The spouses, or any of their relatives in the straight line or up to the fourth degree of the collateral line, as well as the spouses’ heirs and adopters, are entitled to bring an action for annulment based on direct impediment or to continue it. Public ministry.

2 – In addition to the persons mentioned in the previous number, the guardian, the companion with powers for that purpose and the first spouse of the offender, in the case of bigamy, may also initiate the action or continue it. 

Article 1640 Annulment based on unwillingness 

1. Simulation annulment can be requested by the spouses themselves or by any persons harmed by the marriage.
2. In the remaining cases of unwillingness, the action for annulment can only be filed by the spouse whose will was lacking; but their relatives, like-minded, heirs or adopters, may continue in it if the author dies pending the cause.

Article 1641 Annulment founded on vices of the will 

An action for annulment based on vices of the will can only be brought by the spouse who has been the victim of error or coercion; but their relatives, related to the straight line, heirs or adopters, may continue in the action if the plaintiff dies pending the cause. 

Article 1643 Annulment based on handicap direct 

1 – An action for annulment based on a direct impediment must be initiated: 

1. a) In cases of minority, notorious dementia or supervision of a major judicially impeding person, when proposed by the incapable person, up to six months after reaching the age of majority, natural incapacity to have ceased or to cease or be reviewed, in this sense, monitoring; when proposed by another person, within the three years following the celebration of the marriage, but never after the age of majority or the cessation of natural disability;
2. b) In the case of conviction for homicide against the spouse of one of the spouses, within three years of the celebration of the marriage;
3. c) In other cases, up to six months after the dissolution of the marriage.
4. The Public Prosecution Service can only bring an action until the marriage is dissolved.
5. Without prejudice to the deadline established in paragraph c) of paragraph 1, the annulment action based on the existence of a previous undissolved marriage cannot be initiated, nor can it continue, pending the annulment or annulment of the first marriage. of the bigamous.

Article 1644 Annulment based on unwillingness 

The action for annulment due to the unwillingness of one or both of the spouses can only be initiated within the three years following the celebration of the marriage or, if the latter was ignored by the applicant, within six months after the moment when he became aware of it. 

Article 1645 Annulment founded on vices of the will 

The action for annulment based on defects in the will lapses if it is not initiated within the six months following the cessation of the defect. 

Article 1647 Effects of marriage declared null or void 

1. The annulled civil marriage, when contracted in good faith by both spouses, has its effects in relation to these and to third parties until the final sentence has become final.
2. If only one of the spouses has contracted it in good faith, only that spouse can claim the benefits of the marital status and oppose them to third parties, provided that, in relation to these, it is merely a reflection of the relationships between the partners. spouses.
3. Catholic marriage declared null and void by courts and ecclesiastical offices produces its effects, under the terms of the previous paragraphs, until the decision is recorded, provided that it is transcribed in the civil registry.

Article 1648 Good faith 

1. A spouse who has contracted the marriage in excusable ignorance of the addiction that causes nullity or annulment, or whose declaration of will has been extorted by physical or moral coercion, is considered in good faith.
2. Judicial knowledge of good faith is the exclusive competence of the courts of the State.
3. Spouses’ good faith is assumed.

Article 1649 Marriage of minors 

1. The minor who marries without having obtained authorization from the parents or guardian, or the respective judicial supply, continues to be considered a minor as regards the administration of assets that he takes to the couple or that subsequently come to him free of charge until the age of majority, but from the income from those goods, the food necessary for your condition will be arbitrated.
2. The assets taken away from the administration of the minor are administered by the parents, guardian or legal administrator, and in no case can they be handed over to the administration of the other spouse during the minority of their consort; moreover, they do not answer, either before or after the dissolution of the marriage, for debts incurred by one or both spouses in the same period.
3. (Repealed).

Article 1671 Equality of spouses 

1. Marriage is based on the equal rights and duties of the spouses.
2. The direction of the family belongs to both spouses, who must agree on the orientation of life in common taking into account the family’s good and the interests of each other.

Article 1672 Duties of spouses 

Spouses are reciprocally bound by the duties of respect, fidelity, cohabitation, cooperation and assistance. 

Article 1673 Family residence 

1. Spouses must choose the family residence by mutual agreement, taking into account, in particular, the demands of their professional life and the interests of their children and seeking to safeguard the unity of family life.
2. Unless there are strong reasons to the contrary, spouses must adopt the family’s residence.
3. In the absence of an agreement on the establishment or alteration of the family’s residence, the court will decide at the request of either spouse.

Article 1674 Duty to cooperate 

The duty of cooperation implies for the spouses the obligation of mutual help and assistance and that of jointly assuming the responsibilities inherent in the life of the family they founded. 

Article 1675 Duty to assist 

1. The duty of assistance includes the obligation to provide food and to contribute to the burden of family life.
2. The duty of assistance is maintained during the de facto separation if it is not attributable to either spouse.
3. If the de facto separation is attributable to one of the spouses, or to both, the duty of assistance is, in principle, only the sole or main culprit; the court may, however, exceptionally and for reasons of equity, impose this duty on the innocent or less guilty spouse, considering, in particular, the duration of the marriage and the collaboration that the other spouse has provided to the couple’s economy.

Article 1676 Duty to contribute to the burden of family life 

1- The duty to contribute to the burden of family life is incumbent on both spouses, in accordance with the possibilities of each, and can be fulfilled, by either of them, by the allocation of their resources to those charges and by the work spent at home or in the maintenance and education of children. 

2 – If the contribution of one of the spouses to the burden of family life is considerably higher than that provided for in the preceding paragraph, because he has excessively renounced the satisfaction of his interests in favor of life together, namely his professional life, with damage to property important, that spouse is entitled to claim the corresponding compensation from the other. 

3 – The credit referred to in the previous number is only payable when the couple’s assets are shared, unless the separation regime is in force. 

4- If the due contribution is not paid, either spouse may demand that the part of the income or earnings of the other that the court determines be delivered directly to him. 

Article 1677-D Exercise of profession or other activity 

Each spouse may exercise any profession or activity without the consent of the other. 

Article 1698 Freedom of convention 

Spouses can freely set the marriage property regime in a prenuptial agreement, either by choosing one of the regimes provided for in this code, or by stipulating what they like in this regard, within the limits of the law. 

Article 1708 Ability to enter into prenuptial agreements 

1. Those who are able to contract marriages are able to enter into prenuptial agreements.

2 – Minors are only allowed to enter into prenuptial agreements with the authorization of their legal representatives. 

3 – When accompanied by a major, when they are to be represented for carrying out acts of disposition between the living or when they depend on authorization, it is only permitted to enter into prenuptial agreements with the express agreement of the companion. 

Article 1717 Supplementary property regime 

In the absence of a prenuptial agreement, or in the event of forfeiture, invalidity or ineffectiveness of the agreement, the marriage is considered to have been concluded under the regime of communion of acquired persons. 

Article 1721 Applicable standards 

If the regime of assets adopted by the spouses, or applied by substitution, is that of the communion of acquired, the provisions of the following articles shall be observed. 

Article 1732 Stipulation of the regime 

If the property regime adopted by the spouses is that of the general communion, the common heritage consists of all the present and future assets of the spouses, which are not excepted by law. 

Article 1735 Domain of separation 

If the regime of assets imposed by law or adopted by the spouses is that of separation, each of them retains control and enjoyment of all their present and future assets, being able to dispose of them freely. 

Article 1767 Grounds for separation 

Either spouse may request simple legal separation of assets when he is in danger of losing what is his due to the mismanagement of the other spouse. 

Article 1773 Modalities 

1 – Divorce can be by mutual consent or without the consent of one of the spouses. 

2 – Divorce by mutual consent may be requested by both spouses, by mutual agreement, at the civil registry office, or at the court if, in this case, the couple has not reached agreement on any of the matters referred to in paragraph 1 of Article 1775 

3 – Divorce without the consent of one spouse is required in court by one spouse against the other, on any of the grounds provided for in article 1781. 

Article 1775 Request and instruction of the process at the civil registry office 

1 – Divorce by mutual consent may be instituted at all times at the civil registry office, by means of an application signed by the spouses or their attorneys, accompanied by the following documents: 

1. a) Specified list of common assets, with indication of the respective values, or in case the spouses choose to share those assets under the terms of articles 272-A to 272-C of Decree-Law no. same;
2. b) Certificate of the judicial sentence that regulated the exercise of parental responsibilities or agreement on the exercise of parental responsibilities when there are minor children and there has not previously been judicial regulation;
3. c) Agreement on the provision of maintenance to the spouse who needs it;
4. d) Agreement on the destination of the family home;
5. e) Certificate of the deed of the prenuptial agreement, if it has been signed.
6. f) Agreement on the destination of pet animals, if any.

2 – If something else does not result from the documents presented, it is understood that the agreements are intended both for the period of pending proceedings and for the subsequent period. 

Article 1781 Wedding break 

The grounds for divorce without the consent of one of the spouses: 

1. a) The de facto separation for a consecutive year;
2. b) The alteration of the other spouse’s mental faculties, when it has lasted for more than a year and, due to its severity, compromises the possibility of living together;
3. c) The absence, without the absence of any news, for a period of not less than one year;
4. d) Any other facts that, regardless of the fault of the spouses, show the definitive rupture of the marriage.

Article 1874 Duties of parents and children 

1. Parents and children owe each other respect, help and assistance.
2. The duty of assistance includes the obligation to provide food and the obligation to contribute, during their life together, according to their own resources, to the costs of family life.

Article 1883 Son conceived out of wedlock 

The father or the mother may not bring the child conceived in the constancy of the marriage who is not the son of his spouse into the marital home, without his consent. 

Article 1901 Parental responsibilities in the constancy of marriage 

1 – In the course of marriage, the exercise of parental responsibilities belongs to both parents. 

2 – Parents exercise parental responsibilities by mutual agreement and, if the parent is absent in matters of particular importance, any of them may appeal to the court, which will try to reconcile. 

3 – If the conciliation referred to in the previous number is not possible, the court will hear the son, before deciding, except when ponderous circumstances advise against it. 

Article 1902 Acts performed by a parent 

1 – If one of the parents practices an act that integrates the exercise of parental responsibilities, it is presumed that he acts in accordance with the other, except when the law expressly requires the consent of both parents or it is an act of particular importance; failure to agree is not enforceable against a third party in good faith. 

2 – The third party must refuse to intervene in the act performed by one of the parents when, under the terms of the previous number, the agreement of the other is not assumed or when he knows the opposition of the other. 

Article 1905 Maintenance payable to the child in the event of divorce, legal separation of persons and property, declaration of nullity or annulment of marriage 

1 – In cases of divorce, legal separation of persons and property, declaration of nullity or annulment of marriage, the maintenance owed to the child and the manner of providing them are regulated by agreement of the parents, subject to approval; homologation is refused if the agreement does not correspond to the minor’s interest. 

2 – For the purposes of the provisions of article 1880, it is understood that after the age of majority, until the child reaches 25 years of age, the pension fixed in his benefit during the age of minority, unless the respective process of education or vocational training is completed before that date, if it has been freely interrupted or if, in any case, the obligation to provide food proves the unreasonability of your requirement. 

Article 1906 Exercise of parental responsibilities in the event of divorce, legal separation of persons and property, declaration of nullity or annulment of marriage 

1 – Parental responsibilities relating to issues of particular importance to the child’s life are exercised in common by both parents under the terms that prevailed at the time of marriage, except in cases of manifest urgency, in which either parent may act alone, and must provide information to the other as soon as possible. 

2 – When the joint exercise of parental responsibilities relating to issues of particular importance to the child’s life is deemed to be contrary to the child’s interests, the court, by reasoned decision, must determine that these responsibilities are exercised by one of the parents. 

3 – The exercise of parental responsibilities related to the acts of the child’s current life is the responsibility of the parent with whom he habitually resides, or the parent with whom he temporarily meets; however, the latter, when exercising his responsibilities, should not contradict the most relevant educational guidelines, as defined by the parent with whom the child usually resides. 

4 – The parent who is responsible for the exercise of parental responsibilities related to the acts of everyday life can exercise them by himself or delegate their exercise. 

5 – The court shall determine the child’s residence and visiting rights in accordance with the child’s interest, taking into account all relevant circumstances, namely the possible agreement of the parents and the willingness expressed by each of them to promote the child’s usual relations with the other. 

6 – The parent who does not exercise, in whole or in part, parental responsibilities, has the right to be informed about the method of their exercise, namely about the education and life conditions of the child. 

7 – The court will always decide in accordance with the minor’s interest, including maintaining a close relationship with the two parents, promoting and accepting agreements or making decisions that favor ample opportunities for contact with both and for sharing responsibilities between them. . 

Article 1906-A Regulation of parental responsibilities in the context of crimes of domestic violence and other forms of violence in the family context 

For the purposes of paragraph 2 of the previous article, it is considered that the joint exercise of parental responsibilities can be considered contrary to the interests of the child if: 

1. a) A coercive measure is decreed or an accessory penalty of prohibition of contact between parents is applied or
2. b) The rights and security of victims of domestic violence and other forms of violence in the family context, such as child abuse or sexual abuse, are at serious risk.

Article 2015 Maintenance obligation in relation to spouses 

During the conjugal partnership, the spouses are mutually obliged to provide maintenance, under the terms of article 1675. 

Article 2016 Divorce and legal separation of persons and property 

1 – Each spouse must provide for his / her subsistence after the divorce. 

2 – Any spouse is entitled to maintenance, regardless of the type of divorce. 

3 – For obvious reasons of equity, the right to food may be denied. 

4 – The provisions of the preceding paragraphs are applicable if the legal separation of persons and property has been decreed. 

Article 2139 General rules 

1. The sharing between the spouse and the children is done head on, dividing the inheritance into as many parts as there are heirs; the spouse’s share, however, cannot be less than a quarter of the inheritance.
2. If the successor does not leave a surviving spouse, the inheritance is divided equally between the children.

Article 2233 Condition of marrying or not marrying 

1. It is also against the law for the heir or legatee to celebrate or stop celebrating marriage.
2. However, it is valid to cease usufruct, use, housing, pension or other continuous or periodic provision to take effect as long as the legatee’s single or widowed status lasts.