Portugal

1. Does your national regulation provide for the possibility of registering a partnership?

Our national regulation does not provide for the possibility of registering a partnership. Our civil registration code lists the facts subject to mandatory registration, and does not include partnership. However, Portugal has legislation (Law 7/2001 of May 11) that aims to provide protection to those who are living in a  union de facto, namely at the level of the family home in case of break up or death.

1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?

Yes,It is a controversial matter. Both marriage and the union de facto are guided by the same principle – the construction and maintenance of a home and life in common, sharing the same duties and obligations. both institutions might have patrimonial effects. Non marital partnership is not constituted by an act of public authority or by any formality. it does not generate any civil status specifically typified by the law and subject to registration (it does not even generate affinity relationships or has an impact on the legal capacity of individuals), so it cannot be subject to civil registration. In a final analysis, if the efforts to develop a register of non-marital partnerships were justified, such registration would necessarily have to be preceded by a process of constitution, and dissolution, of the union de facto in very similar ways to those of marriage.

2. Is there a statutory property regime for partnerships whether registered or not?

No

3. And are there any restrictions on the freedom to establish a property regime?

Yes. Property regime only applies to couples united by marriage. (The property regime is the set of rules that define ownership over the couple’s assets, which means that it  determines the assets that belong to the couple (common property) and the spouses (own property), after the celebration of the marriage.

4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?

Regulation 2016/1104 is applicable, but our courts may decline jurisdiction, once our national regulation does not provide for the possibility of registering a partnership.

5. Does the dissolution of a non-marital partnership produce succession effects?

No. There is no succession effects arising from the death of one of the partners; however the survival partner has the right to remain in the family residence.

5.1. Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?

Yes.  In case of death of one of the members, the surviving one has the right to remain in the family residence for the period of five years as a holder of a right to family home use. In case the non-marital partnership has lasted for more than five years before the decease, that right to family home use is conferred for a period of time equal to its term. This new right is considered a new right in rem