section 1678
Right of preference in the alienation of the property
The Portuguese Civil Code, 1867If the holder desires to sell or give on payment, the property granted to him on emphyteusis, he shall notify the owner, informing to him the price offered to him or the price for which he proposes to alienate the property and if, within 30 days, the said owner does not exercise his right of preference and does not pay, the holder may proceed with the alienation. § 1 - The holder shall also have the right of preference in case the owner desires to sell the emphyteutic property or give it on payment. For this purpose the said owner shall be subject to the same duties which are imposed on the holder in this article in analogous circumstances. § 2 - The emphyteusis shall stand extinguished in case the right of preference is exercised and payment is made whether by the owner or holder. § 3 - This right of preference is not admissible in expropriation voluntarily done for public utility.
Study data processing for this section.
PDF: pending for this language.