Section 701 of Portuguese Civil Code, 1867 — Lack of consent of one of the spouses

Bare section text

Official Legislative Text

In case of rescission of the contract, made by one of the spouse without the consent of the other, provisions of Articles 1189 onwards shall be observed.

Educational Study Layer

Summary

Rescission of contracts executed by one spouse without the required consent of the other spouse is governed by specific statutory cross-references under this Act.
When a contract is rescinded due to the absence of spousal consent, the consequences and procedures set out in Articles 1189 onwards must be observed under this Act.
The provision connects general contract rescission rules with the detailed regime governing matrimonial property administration and spousal authorization under this Act.
Rights, liabilities, and enforcement steps following such spousal rescission are determined strictly in accordance with Articles 1189 onwards under this Act.

Practical examples

1On 12 February, Antonio sells a marital real estate property without obtaining the written consent of his wife, Beatris. Beatris files a suit to rescind the unauthorized contract. Under Section 701 of the Act, when the contract is rescinded for lack of spousal consent, the court and parties must follow the provisions of Articles 1189 onwards to determine the management rights, property restoration, and liabilities of the spouses.

2On 20 September, Luisa contracts a major property encumbrance without her husband Eduardo's required authorization. Eduardo seeks rescission of the transaction. Under Section 701 of the Act, the legal effects of rescinding this unauthorized spousal contract are governed by applying Articles 1189 onwards.

FAQ

1. What rules govern the rescission of a contract made by one spouse without the other's consent under Section 701?

Under Section 701 of this Act, in case of rescission of a contract made by one spouse without the consent of the other, the provisions of Articles 1189 onwards must be observed.

2. Does Section 701 lay down independent rules for spousal consent or reference other provisions?

Under Section 701 of this Act, the section specifically cross-references Articles 1189 onwards to govern the consequences and procedures when a contract lacks spousal consent.

3. What triggers the application of Articles 1189 onwards under Section 701?

Under Section 701 of this Act, the application of Articles 1189 onwards is triggered by the rescission of a contract made by one spouse without the consent of the other spouse.

Practice Quiz

Q1.Under Section 701 of this Act, if a contract executed by one spouse without the required consent of the other spouse is rescinded, which provisions must be observed to determine the outcome?

Q2.Under Section 701 of this Act, a husband sells an asset belonging to the marital estate without his wife's consent. The wife successfully seeks rescission of the sale. How are the property rights and consequences regulated following rescission?

Q3.Under Section 701 of this Act, what specific factual condition must exist for Articles 1189 onwards to apply to a contract rescission?

Q4.Under Section 700 and Section 701 of this Act, a married individual and an incapable minor jointly enter into a contract to sell a divisible piece of land, and the married individual acts without his spouse's consent. When rescission occurs, how do the rules apply?

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