LEGISLATION
Portugal has some legislation on deaccessioning and disposal, in the
Fundamental law on the Portuguese cultural heritage Section II
SECTION II
Disposal and pre-emption rights
Article 35
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.
Article 36
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.
Article 37
Pre-emption right
- 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.
Article 38
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.
Article 39
Land register
- 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.