Civil Liability and Property Law in the Brazilian Civil Code
BOOK III – Law of Things
TITLE I – Ownership
CHAPTER I – Tenure and its Classification
Article 1196
It is considered that any owner who has in fact exercise, full or not, any of the powers attaching to the property.
Article 1197
The direct ownership of a person who has everything in its power temporarily because of personal, real or not invalidate the hint of who that was regarded, and may direct the owner to defend his possession against indirect.
Article 1198
It is considered holder who, finding themselves in a dependent relationship toward the other, remains in possession on behalf of and in compliance with their orders or instructions.
Sole Paragraph. He who began to behave the way prescribing this article, in relation to the property and another person, presumably the holder, until proven otherwise.
Article 1199
If two or more persons have undivided thing, can each carry a possessory acts on it, as long as they do not exclude the other compossuidores.
Article 1200
It’s just that the possession is not violent, illegal or precarious.
Article 1201
It’s bona fide possession if the owner ignores the habit or obstacle that prevents the acquisition of the thing.
Sole Paragraph. The owner is justly with them the presumption of good faith, salvoprova otherwise, or where the law expressly does not accept this assumption.
Article 1202
Possession of good faith in the character loses this case and from the moment that circumstances do not assume that the possessor knows that has improperly.
Article 1203
Unless proved otherwise, it is understood to retain possession of the same character that was acquired.
CHAPTER II – Acquisition of Ownership
Article 1204
You gain possession from the moment it becomes possible to exercise on their own behalf in any of the powers inherent in the property.
Article 1205
Possession may be acquired:
- by the very person who intends or his representative;
- a third term without depending upon ratification.
Article 1206
Ownership passes to the heirs or legatees of the holder with the same characters.
Article 1207
The successor of the universal right to continue possession of his predecessor, and successor to the singular is provided to attach his tenure of his predecessor, for legal purposes.
Article 1208
Not induce possession acts of mere permission or tolerance and not permit its acquisition violent acts or illegal until after the cessation of violence or illegality.
Article 1209
Possession of property is presumed until proven otherwise, the things in it are mobile.
CHAPTER III – Effects of Possession
Article 1210
The possessor is entitled to be kept in the office in case of disturbance, returned in the robbery, and insured of impending violence, if you just fear of being harassed.
§ 1 The troubled owner, or robber, you can keep or repay itself by its own force, as long as you do so soon; acts of defense, or desforço can not go beyond what is necessary to the maintenance or restitution of possession.
§ 2 2 does not prevent the maintenance or reinstatement held the claim of ownership or other right over the thing.
Article 1211
When more than one person says in possession, will remain provisionally to have the thing if it is not clear that it has obtained from any other by a vicious way.
Article 1212
The holder may bring the action of trespass or indemnity against the third, which pluck the thing received knowing that it was.
Article 1213
Articles background does not apply to non-apparent servitudes, unless their titles come from the owner of the servient estate, or those to whom this happened.
Article 1214
The possessor in good faith entitled, while it lasts, fruits perceived.
Sole Paragraph. Fruits pending at the time of termination of the good faith must be repaid, after deduction of costs of production and cost, and should also be refunded the fruits harvested in advance.
Article 1215
Natural and industrial fruits are reputed harvested and perceived, that are soon separated; civilians perceived to be reckoned day by day.
Article 1216
The possessor in bad faith accounts for all harvested and perceived, as well as those who, through his own fault, failed to perceive, from the moment it was in bad faith, is entitled to costs of production and costing.
Article 1217
The possessor in good faith is not liable for loss or deterioration of the thing, which is not caused.
Article 1218
The possessor in bad faith is liable for loss or deterioration of the thing, even accidental, unless he proves that similarly would have given, it being held by the claimant.
Article 1219
The possessor in good faith is entitled to compensation for the improvements needed and useful and, as the voluptuous, unless it is paid to raise them when the can without the expense of the thing, and may exercise the right of retention by value of the improvements necessary and useful.
Article 1220
The possessor in bad faith will be reimbursed only the necessary improvements, not its right of retention by the importance of these, nor the voluptuous lift.
Article 1221
Improvements compensate themselves with the damage and only give rise to compensation if the time of eviction still exist.
Article 1222
The claimant required to indemnify the improvements to the possessor in bad faith, is entitled to choose between their current value and cost, the possessor in good faith shall indemnify the current value.
CHAPTER IV – Loss of Possession
Article 1223
You lose possession when it ceases, though against the will of the possessor power over the well, which refers to art. 1196.
Article 1224
Only considered for those who lost possession did not witness the robbery when, having heard from him, refrain from returning the item, or trying to recover it, it is violently repelled.
TITLE II – Rights Real
CHAPTER ONE – General Provisions
Article 1225
Are real rights:
- the property;
- the surface;
- the easements;
- the enjoyment;
- use;
- housing;
- the right of the prospective buyer of the property;
- the pledge;
- a mortgage;
- antichresis.
- the granting of special use for housing purposes; (Included by Law No. 11,481, 2007)
- the concession of real right of use. (Included by Law No. 11,481, 2007)
Article 1226
The movable real rights, when made, or transmitted by acts inter vivos, only buy with tradition.
Article 1227
The rem constituted, or transmitted by acts inter vivos, if only to get the record in the Registry of Property of those titles (articles 1245 to 1247) except the cases set forth in this Code.
Convalescing (becomes valid) Induction
TITLE IX – Civil Liability
CHAPTER I – Obligation to Indemnify
Article 927
Those who, in tort (arts. 186 and 187), causing harm to others, is obliged to repair it.
Sole Paragraph. There will be obliged to repair the damage, regardless of fault in cases specified by law, or where the activity usually developed by the perpetrator to imply, by their nature, risk to the rights of others.
Article 928
The unable liable for damages that result if the persons responsible have no obligation to do so or do not have sufficient means.
Sole Paragraph. The indemnity provided in this article, which must be equitable, will not take place if necessary to deprive the incapacitated or those who depend on it.
Article 929
If the person injured or the owner of the thing, in the case of item II of art. 188, are not guilty of danger, assisting them to right to compensation for the damage suffered.
Article 930
In the case of item II of art. 188, if the hazard occurs through the fault of another, against the perpetrator will be regressive action to be the importance that has compensated the victim.
Sole Paragraph. The same action will compete against him in defense of those who caused the damage (Article 188, paragraph I).
Article 931
Except in cases provided for by other special law, individual entrepreneurs and firms respond regardless of fault for damage caused by products circulate.
Article 932
They are also responsible for civil remedies:
- the parents for their minor children who are under their authority and their company;
- the tutor and curator, and curatorship by the pupils, who find the same conditions;
- the employer or principal, for its employees, servants and agents in carrying out the work which they compete, or because of it;
- the owners of hotels, hostels, homes or businesses where the hostel by cash, even for purposes of education, their guests, residents and students;
- there are those who freely participated in the proceeds of crime, until the competitor amount.
Article 933
The persons listed in items I to V of the preceding article, although there is no fault on his part, shall be liable for acts committed by third parties referred to therein.
Article 934
Those who make good the damage caused by others can recover what it has paid, for whom paid, unless the cause of damage is his descendant, absolute or relatively inefficient.
Article 935
Liability is independent of the criminal and can not be questioned about the existence of the fact, or about who is the author, when these issues decided in court if they think criminal.
Article 936
The owner or keeper, the animal will reimburse the damage caused by this if not prove guilt of the victim or force majeure.
Article 937
The owner of the building or construction liable for damages that result from their destruction if it comes from lack of repairs, which would need manifests.
Article 938
He who inhabit the building, or part, responsible for damage from the things that fall or are thrown him in an inappropriate place.
Article 939
A creditor to sue the debtor before the maturity of the debt, except for cases where the law permits, will have to wait long for the missing salary, to pay related interest, although stipulated, and pay the fees double.
Article 940
He who sues for a debt already paid in whole or in part, without point out the amounts received or borrow more than is due, will be required to pay the debtor in the first case, there are twice as charged and, second, equivalent of what it requires, unless barred.
Article 941
The penalties provided for in Arts. 939 and 940 shall not apply when the author gives up the contested action before the proceedings unless the defendant has the right to compensation for any damage which proved to have suffered.
Article 942
The property of the person responsible for the offense or violation of the rights of others are subject to the damage, and if the offense has more than one author, all jointly liable for the repair.
Sole Paragraph. Are jointly liable with the authors co-authors and the persons designated in the art. 932.
Article 943
The right to claim compensation and the obligation to provide it are transferred with the inheritance.
CHAPTER II – Of Indemnity
Article 944
The compensation is measured by the extent of the damage.
Sole Paragraph. If there is excessive disproportion between the seriousness of the fault and the damage, the judge may reduce equitably, to indemnification.
Article 945
If the victim has negligently contributed to the damaging event, his compensation shall be fixed taking into account the seriousness of his guilt in confrontation with the perpetrator.
Article 946
If the obligation is indefinite, and there in the law or contract provision setting the compensation payable by the defaulter, will determine the amount of damages to determine the procedural law.
Article 947
If the debtor is unable to meet the provision in the species set, will be replaced by its value in cash.
Article 948
In the case of homicide, compensation is, without excluding other remedies:
- to pay for the treatment of the victim, his family’s funeral and mourning;
- in providing food to people to whom the deceased was, taking into account the probable length of life of the victim.
Article 949
In case of injury or other harm to health, the offender shall indemnify the offended and the cost of treatment of profits by the end of his recovery, plus any other harm that the victim proves that they had suffered.
Article 950
If the resulting offense defect whereby the victim is unable to exercise their trade or profession, or if you decrease the ability to work, compensation, plus the cost of treatment and loss of profits by the end of his recovery, include pension corresponding to the importance of work to disable it, or that he suffered from depression.
Sole Paragraph. The disadvantage, if you prefer, you can require that compensation be arbitrated and paid at once.
Article 951
The provisions in arts. 948, 949 and 950 still applies in the case of indemnification by the person who, in the exercise of professional activity, through negligence, imprudence or inexperience, causing the patient’s death, serious harm him, causing him injury, or disable it to work.
Article 952
If there is theft or robbery of the alien, beyond the reimbursement of the thing, the compensation is to pay the value of their deterioration and due to loss of profit, missing something, it should be reimbursed the equivalent to the injured.
Sole Paragraph. To repay the equivalent if there is not the thing itself, it will estimate it by its ordinary and the price of affection, not as long as this is superior to that.
Article 953
The compensation for libel, slander or libel will consist of repairing the damage resulting therefrom to the victim.
Sole Paragraph. If the victim can not prove material damage, the judge shall determine, equitably, the value of compensation, as agreed in the circumstances.
Article 954
The indemnity for injury to personal liberty consists in the payment of damages to the victim that transpire, and if he can not prove prejudice, the application has only paragraph of the preceding article.
Sole Paragraph. The expression of personal freedom offensive:
I – the false imprisonment;
II – to prison for false complaint or complaint and in bad faith;
III – the illegal arrest.
BOOK III
Law of Things
TITLE I
Ownership
CHAPTER I
Tenure and its Classification
Section 1196. It is considered that any owner who has in fact exercise, full or not, any of the powers attaching to the property.
Article 1197. The direct ownership of a person who has everything in its power temporarily because of personal, real or not invalidate the hint of who that was regarded, and may direct the owner to defend his possession against indirect.
Section 1198. It is considered holder who, finding themselves in a dependent relationship toward the other, remains in possession on behalf of and in compliance with their orders or instructions.
Sole Paragraph. He who began to behave the way prescribing this article, in relation to the property and another person, presumably the holder, until proven otherwise.
Section 1199. If two or more persons have undivided thing, can each carry a possessory acts on it, as long as they do not exclude the other compossuidores.
Section 1200. It’s just that the possession is not violent, illegal or precarious.
Section 1201. It’s bona fide possession, if the owner ignores the habit, or obstacle that prevents the acquisition of the thing.
Sole Paragraph. The owner is justly with them the presumption of good faith, salvoprova otherwise, or where the law expressly does not accept this assumption.
Section 1202. Possession of good faith in the character loses this case and from the moment that circumstances do not assume that the possessor knows that has improperly.
Section 1203. Unless proved otherwise, it is understood to retain possession of the same character that was acquired.
CHAPTER II
Acquisition of Ownership
Section 1204. You gain possession from the moment it becomes possible to exercise on their own behalf in any of the powers inherent in theproperty.
Art 1205. Possession may be acquired:
I – by the very person who intends or his representative;
II – a third term without depending upon ratification.
Section 1206. Ownership passes to the heirs or legatees of the holder with the same characters.
Section 1207. The successor of the universal right to continue possession of his predecessor, and successor to the singular is provided to attach his tenure of his predecessor, for legal purposes.
Section 1208. Not induce possession acts of mere permission or tolerance and not permit its acquisition violent acts or illegal until after the cessation of violence or illegality.
Section 1209. Possession of property is presumed until proven otherwise, the things in it are mobile.
CHAPTER III
Effects of Possession
Section 1210. The possessor is entitled to be kept in the office in case of disturbance, returned in the robbery, and insured of impending violence, if you just fear of being harassed.
§ 1 The troubled owner, or robber, you can keep or repay itself by its own force, as long as you do so soon; acts of defense, or desforço can not go beyond what is necessary to the maintenance or restitution of possession.
§ 2 does not prevent the maintenance or reinstatement held the claim of ownership or other right over the thing.
Section 1211. When more than one person says in possession, will remain provisionally to have the thing, if it is not clear that it has obtained from any other by a vicious way.
Section 1212. The holder may bring the action of trespass, or indemnity against the third, which pluck the thing received knowing that it was.
Section 1213. Articles background does not apply to non-apparent servitudes, unless their titles come from the owner of the servient estate, or those to whom this happened.
Section 1214. The possessor in good faith entitled, while it lasts, fruits perceived.
Sole Paragraph. Fruits pending at the time of termination of the good faith must be repaid, after deduction of costs of production and cost, and should also be refunded the fruits harvested in advance.
Section 1215. Natural and industrial fruits are reputed harvested and perceived, that are soon separated; civilians perceived to be reckoned day by day.
Section 1216. The possessor in bad faith accounts for all harvested and perceived, as well as those who, through his own fault, failed to perceive, from the moment it was in bad faith, is entitled to costs of production and costing.
Section 1217. The possessor in good faith is not liable for loss or deterioration of the thing, which is not caused.
Section 1218. The possessor in bad faith is liable for loss or deterioration of the thing, even accidental, unless he proves that similarly would have given, it being held by the claimant.
Section 1219. The possessor in good faith is entitled to compensation for the improvements needed and useful and, as the voluptuous, unless it is paid to raise them when the can without the expense of the thing, and may exercise the right of retention by value of the improvements necessary and useful.
Section 1220. The possessor in bad faith will be reimbursed only the necessary improvements, not its right of retention by the importance of these, nor the voluptuous lift.
Section 1221. Improvements compensate themselves with the damage, and only give rise to compensation if the time of eviction still exist.
Section 1222. The claimant required to indemnify the improvements to the possessor in bad faith, is entitled to choose between their current value and cost, the possessor in good faith shall indemnify the current value.
CHAPTER IV
Loss of Possession
Section 1223. You lose possession when it ceases, though against the will of the possessor power over the well, which refers to art. 1196.
Section 1224. Only considered for those who lost possession did not witness the robbery when, having heard from him, refrain from returning the item, or trying to recover it, it is violently repelled.
TITLE II
Rights Real
CHAPTER ONE
General Provisions
Section 1225. Are real rights:
I – the property;
II – the surface;
III – the easements;
IV – the enjoyment;
V – use;
VI – housing;
VII – the right of the prospective buyer of the property;
VIII – the pledge;
IX – a mortgage;
X – antichresis.
XI – the granting of special use for housing purposes; (Included by Law No. 11,481, 2007)
XII – the concession of real right of use. (Included by Law No. 11,481, 2007)
Section 1226. The movable real rights, when made, or transmitted by acts inter vivos, only buy with tradition.
Section 1227. The rem constituted, or transmitted by acts inter vivos, if only to get the record in the Registry of Property of those titles (articles 1245 to 1247) except the cases set forth in this Code.
Convalescing (becomes valid) Induction