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Law No. 10.406 providing for the Civil Code.

Country/Territory
Brazil
Document type
Legislation
Date
2002 (2022)
Source
FAO, FAOLEX
Subject
Environment gen., Land & soil, Water, General
Keyword
Governance Legal proceedings/administrative proceedings Monitoring Access-to-justice Ecosystem preservation Land-use planning Liability/compensation Pollution control Protection of environment Soil pollution/quality Waterworks Access right Subdivision of land Land tenure Land valuation Property rights Equity Inheritance Water abstraction Freshwater resources management Water rights
Geographical area
Amazonia, Americas, Latin America and the Caribbean, North Atlantic, South America, South Atlantic
Entry into force notes
This Law enters into force one year after its publication.
Abstract

This Law, consisting of 2046 articles divided into six Books, provides for the Civil Code of Brazil. The Code is divided as follows: Book I on People; Book II on Properties; Book III on Legal facts; Book IV on Family Rights; Book V on Succession Rights; and Complementary Book on Final and Provisions. In particular, the Code deals with the following aspects: Marriage as a full communion of life, based on the equality of rights and duties of the spouses; Succession rights specifying the requirements and conditions for heirs, with equal power to its assignees and creditors; the hereditary shares, and other forms or sharing, by public deed, term in the inventory records, or private writing, approved by the judge; the greatest possible equality will be observed in terms of their value, nature and quality. The division made by ascendant, by act between living or of last will is valid, as long as it does not harm the legitimate of the necessary heirs. In addition, the Code establishes land and water rights, such as: the owner or possessor of the lower land is entitled to receive the water that flows naturally from the upper one, and cannot carry out works that impede its flow; regulating as well artificial waterworks and eventual compensation for damages. The owner of a spring, or of the ground where rainwater falls, having satisfied the needs of its consumption, cannot prevent or divert the natural course of the remaining waters. The owner of the property must not pollute waters essential to the first necessities of life of the owners of the inferior properties; if pollution arises, the owner must compensate for damages, etc.

Full text
Portuguese
Website
www.planalto.gov.br