Preference or Pre-Emption Right for Cultural Objects

Abstract

Preference or Pre-emption Right means the power of one party to acquire a certain object to the detriment of another making an identical claim, we need to establish a distinction by looking at the different powers underlying this act of preferring. If there are many preferences, the pre-emption over cultural property, also known as artistic or cultural preference, is a true category among other preferences. After studying the exercising of pre-emption rights, as well as their respective consequences, about Portuguese Law, we must ascertain their effectiveness, not only in terms of their viability in the effective acquisition of objects but, and equally, the objectives which this aims to pursue in terms of achieving the protection of cultural heritage.