Section 176 of Portuguese Civil Code, 1867 — Devolution of duty to provide maintenance
Bare section text
Official Legislative Text
[Content not provided] The obligation to pay maintenance is passed on together with an inheritance, if maintenance has been requested in a court of law or has been voluntarily given through an authentic or authenticated document.
Educational Study Layer
Summary
- The legal obligation to pay maintenance does not automatically expire upon the death of the person who owes it.
- This support duty passes on to the heirs of the deceased person together with the inheritance.
- For the obligation to transfer to the heirs, the maintenance must have been formally requested in a court of law before the debtor's death.
- Alternatively, the obligation transfers if the deceased had voluntarily agreed to provide the maintenance through an authentic or authenticated document, such as a deed or notarized paper.
Practical examples
FAQ
1. Does the duty to provide maintenance always transfer to the heirs of the debtor under Section 176?
No, under Section 176 of this Act, the obligation only transfers to the heirs with the inheritance if the maintenance was already requested in court or was voluntarily promised in an authentic or authenticated document.
2. What counts as a voluntary agreement to trigger Section 176?
Under Section 176 of this Act, a voluntary agreement must be made through an authentic document, which is a public record from an official, or an authenticated document, which is a private paper validated by a notary.
3. If an informal verbal promise of maintenance was made, does the duty pass to the heirs under Section 176?
No, under Section 176 of this Act, a verbal promise is not sufficient to pass the maintenance duty to the heirs, as the law requires a court request or a written authentic or authenticated document.
4. Can a creditor of maintenance sue the heirs of an estate if no prior court action was filed or document signed?
No, under Section 176 of this Act, if the maintenance was never requested in court and there is no authentic or authenticated agreement, the obligation dies with the debtor and cannot be enforced against the heirs.
Practice Quiz
Q1.Carlos is receiving monthly maintenance payments from his father, Jose, based on a private letter that was never witnessed or notarized. When Jose dies, leaving his property to his brother, Jorge, Carlos demands that Jorge continue the payments. Does Jorge have a legal duty to pay under the Act?
Q2.Rita sues her father, Eduardo, for maintenance in a court of law. While the suit is still pending, Eduardo dies and leaves his entire estate to his son, Bruno. Does the obligation to pay maintenance pass to Bruno under the Act?
Q3.Under Section 176 of the Act, which of the following documents is sufficient to ensure that a voluntary maintenance obligation passes to the debtor's heirs upon their death?
Q4.Luis was paying maintenance to his sister under a court order. Luis dies, leaving a small estate to his son, Fabio. The sister sues Fabio to continue the payments. Fabio claims the estate is too small and the duty expired. What is the rule under the Act?