State Act

Portuguese Civil Code, 1867

Article 1703 – Right of preference in sub-emphyteuses - Where any property under sub-emphyteusis is sold or transferred for payment of debt, the right of pre-emption is fully available to the holder of the “dominium directum” (owner of the property) and only when he does not want to avail of it, to the emphyteuta. § 1 - Where the sale or transfer for payment is of the “dominium directum”, the right of pre-emption is available to the sub-emphyteuta and only where he does not want to avail of it, it will pass to the emphyteuta. § 2 - In case of sale or transfer for payment of the emphyteutic domain, the right of pre-emption firstly is available to the holder of the “dominium directum”, and only when he does not want to avail of it, it shall pass to the sub-emphyteuta.