Buying and Renting Property in Portugal vs. the U.S.: What Expats Need to Know
Moving to Portugal is exciting, but the legal side of buying or renting property can be confusing for expats — especially Americans. That’s because Portugal’s legal system is civil law, rooted in Roman traditions, while the U.S. follows common law, inherited from England. These differences have a big impact on contracts, property rights, rentals, and even how disputes are resolved. Let’s break it down. 1. Civil Law vs. Common Law Portugal (Civil Law): Laws are codified in statutes. Judges apply the law as written, with less room for interpretation. Past court decisions don’t have the same “binding precedent” effect as in the U.S. U.S. (Common Law): Judges play a bigger role in shaping law. Court precedents are often as important as written statutes, and can directly influence future rulings. For expats, this means you cannot argue your case in Portugal simply by pointing to “what happened before in court.” The law itself is what counts. 2. The CPCV (Contrato-Promessa...