Development and codification of private (civil and commercial) law in Portugal and its influence outside Europe

Resumen

In Portugal the Ordenações Afonsinas are of significant importance in relation to the influence of Roman law. The formal reception did not take place in Portugal. In Portugal the so-called “common law” (direto comúm) was based both on Roman law and Canon law. The Lei da Boa Razão, regarded Roman law as a subsidiary source of law. Visconde de Seabra, was entrusted with the codification. The Portuguese Civil code came into force in 1868. The new (second) Portuguese Civil code was adopted in 1966. The Civil code of 1966 was predominantly influenced by the German Civil code. The commercial law in Portugal was codified for the first time in 1833. It was the French Code de commerce that played a substantial role in the compilation of the code. With respect to the fact that in Portugal the Civil code was not put into force simultaneously with the Commercial code, the Portuguese Código de comercio includes provisions of the law of obligations. Contrary to the Portuguese Commercial code adopted in 1888, the code of 1833 follows the concept moniste. The second Portuguese Commercial code came into force in 1889. The first Portuguese Civil code with minor amendments is still in force in the former Portuguese colonies (Goa, Damão and Diu) that were annexed by India in 1961. The provisions of the Civil code of 1966 are also implemented in the former Portuguese colonies in Africa..