What does desistência da empreitada mean in Portugal?
The owner may withdraw from an empreitada at any time, even after work has started, as long as the contractor is compensated for its expenses, its work and the profit it could have made from the work.
- Rests on
- Código Civil, art. 1229.º
- Law
- Código Civil (Decreto-Lei n.º 47344/66), consolidated text updated to Lei n.º 29/2026
- Official text
- pgdlisboa.pt/leis/lei_mostra_articulado.php?ficha=1201&ar...
- Sources
- pgdlisboa.pt/leis/lei_mostra_articulado.php?ficha=1201&ar...
- Checked
- 2026-11-05
What it means for the owner
- The contract does not end on the owner's death, nor on the contractor's death or incapacity unless the contractor's personal qualities were taken into account when signing (art. 1230.º).
- If the work becomes impossible through no fault of either side after it has begun, the owner pays for the work done and the expenses made (art. 1227.º).
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