CRITIC REVIEW OF THE 2014 REFORM OF THE COMMONAGE LAW

Abstract

The Portuguese Law of Commonage, in force since 1993, has undergone a drastic reform in September 2014. Its most important aspect is that it determines the automatic transfer of commonages kept unexplored for 15 years or more to the
private domain of “freguesias”. In view of the ongoing process of depopulation of inland areas of Portugal, the abandonment of a traditional model of exploitation of commonages is unavoidable in the short term, which makes its transmission to
“freguesias” also inevitable. “Freguesias” are, however, territorial units of small size, without means or interest in a preserving a traditional model of management of commonages, which makes predictable that commonages end up being sold to
private entities.