Posts tagged #right of use
All PostsOGH on Interpreting Wills
Civil LawThe testator’s actual intention when drawing up their will is decisive for interpreting the will, and this intention ought to be at least somewhat apparent from the wording of the will. In the case at hand, the deceased, who had died in 2022, left a ...
OGH on Right of First Refusal for Condominiums
Civil LawThe right of first refusal (ROFR) and right of repurchase are legally invalid according to Section 38 (1) no. 3 of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) if these rights are capable of nullifying or unreasonably restr...
OGH: Easement for Condominium Access
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that condominium owners may not register an easement in the land register under which they grant each other an exclusive and perpetual right of use for access to their apart...
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