Posts tagged #apartment ownership

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Austrian OGH Affirms Indivisibility of Statutory Minimum Share

Civil Law 

In cases where a minimum share related to residential property is to be allocated among more than two individuals, the probate court is required to offer both the minimum share and the corresponding residential property at a public auction. However, ...

Austrian OGH: No ‘Simplified’ Property Separation of Garages

Civil Law 

The applicant sought to divide her residential property, an apartment and a garage, into two independent property units, basing her claim on Section 56(1) of the 2002 Austrian Apartment Ownership Act (Wohnungseigentumsgesetz, 2002, hereinafter WEG 2...

OGH: Circumvention transactions in the case of § 5 para 2 WEG

Civil Law 

Section 5 (2) of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) favours property owners by means of a 3-year period for the purchase of parking spaces. The purpose of the law requires that a purchase should not only cover the...

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