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How did the Civil Code of 1966 differ from the Civil Code of 1867?

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The Civil Code of 1966 in Portugal replaced the older Civil Code of 1867 and introduced several key differences:

  1. Structure and Influence: The 1966 Civil Code was modeled after the German Civil Code (Bürgerliches Gesetzbuch - BGB), reflecting a more modern and systematic approach compared to the more individualistic and older system of the 1867 Code.

  2. Organization: The 1867 Code was divided into sections focusing on civil capacity, acquisition of rights, property rights, and breach of rights. The 1966 Code was reorganized to better align with contemporary legal structures and theory.

  3. Philosophical and Legal Principles: The newer code incorporated philosophical and legal shifts in its framework, moving away from some of the 19th-century principles that the 1867 Code was based on.

  4. Modernization of Laws: The 1966 Code modernized various aspects of civil law to better reflect the societal and legal advancements that had taken place over the intervening century.

  5. Codification Process: The drafting of the 1966 Code involved a commission of law professors, led in its final phase by Professor Antunes Varela, who made substantial changes to the draft, resulting in the final document often being referred to as "Varela's Civil Code."

These changes reflect both the evolution of legal thought and the need to adapt the civil law to contemporary realities.

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