Decreto n.º 862/76, de 22 de Dezembro de 1976
Decreto n.º 862/76 de 22 de Dezembro Neste diploma é regulamentado o direito de preferência da Administração nas alienações, a título oneroso, de terrenos ou edifícios previsto na lei.
A regulamentação adoptada assenta nas seguintes ideias fundamentais: simplificar as relações e comunicações entre os particulares e a Administração; impedir situações de dúvida ou incerteza sobre a observância dos deveres impostos àqueles e a esta; reduzir ao mínimo possível o embaraço ou paralisação que a existência do direito de preferência pode projectar nos negócios jurídicos.
Dentro destas preocupações, fixam-se os prazos que se reputam adequados para as diversas comunicações que o direito de preferência implica.
Impõe-se, no caso de pluralidade de proprietários vendedores, a designação de um único ou de mandatário, para a recepção das comunicações da Administração, como meio de simplificar e abreviar o expediente processual. Com o mesmo objectivo, obriga-se a constituição de mandatário residente no País, quando o interessado ou interessados se encontrem no estrangeiro.
Impõe-se o uso, para as comunicações, ou de carta registada, com aviso de recepção, ou de entrega directa nos serviços, mas sempre com duplicado, para menção do respectivo recebimento, único meio de prova admitido para o facto.
Atribuem-se efeitos, consoante os casos, à falta de comunicação ou resposta dentro dos prazos fixados.
Nestes termos: O Governo decreta, nos termos da alínea c) do artigo 202.º da Constituição, o seguinte: Artigo 1.º O direito de preferência concedido à Administração ao abrigo dos artigos 27.º e 28.º do Decreto-Lei n.º 794/76, de 5 de Novembro, é regulado pelas disposições seguintes: Art. 2.º As portarias que estabelecerem o direito de preferência indicarão a pessoa colectiva ou pessoas colectivas a quem o mesmo é conferido e as entidades às quais os particulares deverão fazer a comunicação a que se refere o artigo seguinte.
Art. 3.º - 1. Os particulares que pretendam alienar imóveis abrangidos pelo direito de preferência devem comunicar a alienação pretendida à entidade competente para o efeito.
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A comunicação deverá conter: a) A identificação do participante e a indicação da sua residência ou de outro local certo para onde deverá ser enviada a resposta da Administração; b) A identificação conveniente do imóvel ou dos imóveis, com a menção da sua situação e composição, dos ónus e encargos que sobre eles incidem e das respectivas inscrição matricial e descrição no...
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