REAL-ESTATE TRANSACTIONS – LONG-TERM STOCK CONTRACT AS TRANSACTION EVADING THE LAW (OGH 29.04.2014, 9 OB 18/14H)
August 3rd, 2014Even a non-redeemable contract of tenancy which is limited to 99 years and includes the rent as a single expense paid at the contract closing is subject to the real-estate transaction authorization requirements, because a tenancy contract is a transaction evading the law. The contract is in a state of uncertainty until the decree of the authority, therefore the disallowance leads to invalidity. The invalidity of the contract includes all additional agreements like a pre-emption right or a total prohibition of transfer.