Fundamental law on the Portuguese cultural heritageSection II
Disposal and pre-emption rights
Transfer of classified assets
The law shall define the limitations to the transfer of classified assets, or assets under classification, that are owned by public juristic persons or other bodies corporate owned or subsidised by the State or the Autonomous Regions.
Duty to give notice of a transfer
1. The disposal, the creation of a distinct enjoyment right in rem or the datio in solutum of any classified assets, or assets under classification, pursuant to Article 15 hereof depend on a prior written notice to the service qualified for the investigation of the relevant procedure.
2.The transfer by inheritance or legacy of classified assets, or assets under classification, pursuant to Article 15 hereof shall be subject to notice given by the personal representative of the service mentioned in the foregoing paragraph within a 3-month term as of opening of the succession.
3. The provisions of the foregoing paragraph shall be applicable to any assets located in the areas of protection for classified assets, or assets under classification, pursuant to Article 15 hereof.
1. The joint owners, the State, the Autonomous Regions and the municipalities are vested, following this priority, with a right of pre-emption in case of sale or datio in solutum of classified assets, assets undergoing a classification procedure or assets located in former protection areas.
2. The provisions of articles 416 to 418 and 1410 of the Civil Code shall be apply, mutatis mutandis, to pre-emption as provided for in this article.
3. Nothing herein shall be to the detriment of any rights of pre-emption granted to the Public Administration as laid down in disperse legislation.
Deeds and records
1.Non-compliance with the duty of notice provided for in the foregoing articles shall be considered an impediment to the execution of deeds by Notaries, as well as an obstacle to the registration of the relevant acts by Registrars.
2. Where a disposal, creation of a distinct enjoyment right in rem or datio in solutum is carried out in violation of the provisions of Article 35 or Article 36-1, any such acts may be annulled by a court order following a procedural initiative by the competent officer at the central, regional or municipal administration taken within one year from the date of knowledge.
1.Properties classified, or undergoing classification, under Article 15 hereof shall have such feature entered in the corresponding land register.
2. The provisions of the foregoing paragraph shall apply to the properties integrated in classified, or under classification, groups of buildings.
The declassification of classified objects walks the same process of the classification process, mutadis mutandi.
Portugal has no official guidelines on deaccessioning and disposal.
Portugal has no other tools on deaccessioning and disposal.
Portugal has a classification system for museum objects, found in the
Fundamental Law on Portuguese cultural heritage SectionII
For any matters not expressly provided for in this Title, the principles and the provisions of the Code of Administrative Procedure shall apply to administrative procedures laid down in the cultural heritage statute.
General completion terms
1.Where the nature and the extent of the tasks so permit, the inventory procedure must be completed within a maximum one-year term.
2.The classification procedure must be completed within a maximum one-year term.
3. Where, within the scope of the same procedure, groups of buildings, sites, collections, holdings or equivalent realities are at issue, the person in charge may extend the aforementioned terms to the limit of the corresponding maximum terms.
4.The definition of a special protection zone is subject to a maximum 18-month term.
5. Once the procedural terms provided for in the foregoing paragraphs have elapsed, any concerned party may, within a 60-day term, denounce the procedural delay, in which case the Public Administration will have to take an express decision subject to an identical term, under penalty of termination of the procedure.
Opening of the procedure
1.The incitement underlying the institution of an administrative procedure for classification or inventory may originate in any person, whether natural or juristic, public or private, national or foreign.
2.The formal initiative of the procedure shall be the responsibility of the State, the Autonomous Regions, the local authorities or any natural or juristic person bearing legitimacy in accordance with general terms.
3.For the purposes of giving notice of the act that directs the opening of the procedure, the municipality of the area of location of the asset shall also be considered a concerned party.
4.The assets undergoing a classification procedure shall be submitted to a special condition, under the terms of the law.
5.An asset shall be considered in the course of classification from notice or publication of the act that directs the opening of the corresponding procedure, under the terms of paragraph 1 hereof, within the maximum term of 60 working days as from filing of the relevant application.
Investigation of the procedure
1.The investigation of the procedure is incumbent on the relevant department of the entity responsible for the final decision, in compliance with its constitutional and organic laws and further regulatory statute.
2. The tasks and specific functions of the procedure may be assigned to non-public entities, provided the exercise of any ablatitious acts is excluded.
3.During the investigation of the procedure the qualified advisory bodies shall be heard in accordance with the law.
Hearing of the concerned parties
1.The concerned parties shall bear the burden of providing the investigation of the procedure with any and all facts and data able to lead to a just and expeditious decision, and they must be heard before a final decision is taken under the terms of the Administrative Procedure Code.
2.Where the number of concerned parties exceeds 10, there shall be organised a public consultation under the terms of the Administrative Procedure Code.
Form of the acts
1. The classification of an asset as bearing national interest shall operate through a Government decree.
2. The classification of an asset as bearing public interest shall operate through a ministerial order.
3.The form of the remaining acts to be exercised shall comply with the provisions of the applicable law.
4. Any final act of a procedure on a concrete form of protection shall be duly grounded and strictly identify the relevant asset or universitas components.
Notification, publication and effects of the decision
1.The final decision shall be notified to the concerned parties and to the municipality of location of the asset, where the service in charge of the investigation of the procedure is not integrated in the latter, as well as to any associations which may have taken part in the investigation of the procedure.
2.Every final decision shall be published.
3.The decision takes effect as of the date of its notice to the directly concerned parties.
The provisions of this section shall apply, mutatis mutandis, to extinctive procedures relating to acts having established any form of protection.
NATIONAL REGISTER OBJECTS
Portugal has a national register of museum objects, called the Patrimonial Register of Classification.
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