The Portuguese Civil Code and the colonia tenancy contract in Madeira (1867–1967)

Abstract

In this article the author examines a form of agricultural contract known as the colonia contract, which was widespread throughout the island of Madeira from 1750 and which was abolished in 1967. She argues that the publication of the liberal Civil Code of 1867 changed the rules concerning the operation of this contract. The landlord lost control of his economic property rights over the land. The change in the rules governing this type of contract partially explains the reduction in its use but the impact of the change is attributed to inefficiencies that already existed in the contract.

A exploração da terra sob o regime da colonia no arquipélago da Madeira

“…A colonia terá surgido neste contexto como uma forma de obviar os custos com as imprescindíveis acções de reconversão das culturas. O ponto máximo deste instituto, associado à expansão da vinha (Câmara 2006), situar-se-ia em meados do século XVIII, sendo então largamente predominante em todo o arquipélago. As suas especificidades, no entanto, só ganhariam particular relevo no decurso do século XIX e até à sua extinção legal por diploma de 1977, o qual não evitou sequelas que permanecem até aos nossos dias.…”

Sharecropping was sometimes efficient: sharecropping with compensation for improvements in European viticulture†

“…The island of Madeira, Portugal. Growers were entitled to stay on estates indefinitely, but landlords could make them leave at any time by paying the value of the improvements; Câmara, ‘Portuguese Civil Code’.…”

“…In theory, sharecroppers needed the landlord's permission to sell their rights, but often they did not even ask his opinion. The1867 Portuguese Civil Code gave this practice the force of law for colonia contracts in Madeira: sharecroppers could transmit their rights to whomever they wished (Câmara, ‘Portuguese Civil Code’); the Spanish Civil Code of 1889 and a French law of 1899 did the same for the Catalan rabassa morta and the complant in Loire‐Inférieure.…”