Chapter I · Scope of application

Article 2 Subsidiary law

Artigo 2.º · Direito subsidiário

Código das Sociedades Comerciais · Decree-Law No. 262/86 · consolidated text checked 26 October 2026

#

Cases not provided for in this law are governed by the provision of this law applicable to analogous cases or, failing such a provision, by the provisions of the Civil Code on partnership agreements, insofar as those provisions are contrary neither to the general principles of this law nor to the principles underlying the form adopted.

Os casos que a presente lei não preveja são regulados segundo a norma desta lei aplicável aos casos análogos e, na sua falta, segundo as normas do Código Civil sobre o contrato de sociedade no que não seja contrário nem aos princípios gerais da presente lei nem aos princípios informadores do tipo adoptado.

What we checked in this article

The sequence of analogy and subsidiary Civil Code rules is retained, including both limitations.

Is Article 2 relevant to a company you run or plan to set up?

We advise on Portuguese company law in English every day: formation, capital, members’ resolutions, managers’ liability and restructuring. A written answer and a fixed quote within one working day.

Unofficial English translation prepared by BCA Portugal for reference. Only the Portuguese text published in the Diário da República has legal force. Editorial notes are ours and are not part of the statute.

Applying the law

Portuguese company law, explained in English by the people who apply it

Reading the statute is the first step. Applying it to your articles of association, your capital and your board is where mistakes cost money. Tell us what you are deciding and we will set out the rules that apply and what it costs to get it done.

Get a quote