section 1704
Notice of pre-emption
The Portuguese Civil Code, 1867In order to give effect to the provision of the preceding article, the sub-emphyteuta who wishes to sell or transfer for payment of debt the sub- emphyteutic property, besides being bound to give the notice to the holder of the “dominium directum”, of the soil in terms of article 1678, shall, when the latter does not avail of the right of pre-emption, give similar notice to the emphyteuta in the same manner. § Sole paragraph - Identical procedure will be followed by the holder of the “dominium directum”, of the soil, in case of sale of the “dominium directum” or its transfer for payment of debt, and by the emphyteuta, in case of alienation of the emphyteutic dominium by any of the aforesaid forms.
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