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§ 261. Exercise of right of pre-emption
- (1)
- A right of pre-emption may be exercised as of the date the owner of an immovable encumbered with the right of pre-emption enters into a contract for the purchase or sale of the immovable with the purchaser.
- (2)
- A right of pre-emption is not valid in the case of expropriation.
- (3)
- Upon compulsory auction, a right of pre-emption is valid only if this is provided by law or entered in the land register.
- (4)
- Unless otherwise agreed by the owner of an encumbered immovable and the exerciser of the right of pre-emption, the exerciser of the right of pre-emption may acquire the immovable only as a whole.
§ 262. Presentation of copy of contract of purchase and sale
- (1)
- A seller is required to present promptly a copy of the contract of purchase and sale entered into with the purchaser to the person with the right of pre-emption.
- (2)
- The seller is liable for damage arising from failure to present the copy to the person with the right of pre-emption.
§ 263. Term for exercise of right of pre-emption
- (1)
- A person with the right of pre-emption has the right to exercise the right of pre-emption not later than two months after the date of receipt of a copy of a legally valid contract of purchase and sale.
- (2)
- If a copy of the contract of purchase and sale is not sent to the person with the right of pre-emption, the person may exercise the right of pre-emption within one year after the date the entry concerning transfer of immovable property ownership is made in the land register.
- (3)
- A term different from that provided for in subsections (1) and (2) of this section may be prescribed by law for exercise of a right of pre-emption.
§ 264. Application for exercise of right of pre-emption
- (1)
- In order to exercise a right of pre-emption, the person with the right of pre-emption shall notify the seller by a notarised application of the person's wish to exercise the right of pre-emption.
- (2)
- If an immovable has already transferred into the ownership of the purchaser, the notarised application may be presented to the new owner instead of the seller.
- (3)
- By presentation of the application, the person with the right of pre-emption takes the place of the purchaser according to the contract of purchase and sale entered into and acquires the right to demand the making of an entry in the land register, and upon refusal of the purchaser or the seller, to file an action for the making of an entry in the land register and for recognition of the right of ownership in the immovable.
§ 265. Transfer of rights and obligations
All rights and obligations which a purchaser had according to a contract of purchase and sale transfer to the exerciser of a right of pre-emption.
§ 266. Prohibition of restriction of right of pre-emption
- (1)
- The agreement of a seller and purchaser in which the validity of a contract of purchase and sale is made dependent on the exercise of a right of pre-emption or the seller is granted the right to rescind the contract of purchase and sale in the exercise of a right of pre-emption is not valid with respect to the person with the right of pre-emption.
- (2)
- A right of pre-emption is also valid if the seller and purchaser void or amend the contract of purchase and sale after receipt of the application for exercise of the right of pre-emption. In this case, the original contract of purchase and sale shall be the basis for the exercise of the right of pre-emption.
§ 267. Sale of immovables together with other things
- (1)
- If an immovable encumbered with a right of pre-emption is sold together with other things without differentiating the price of the encumbered immovable, the person who exercises the right of pre-emption shall pay a price corresponding to the value of the encumbered immovable.
- (2)
- A seller may demand that a right of pre-emption also extend to the other things if these cannot be severed from the immovable encumbered with the right of pre-emption without causing significant damage.
§ 268. Later payment of purchase price
- (1)
- If a contract of purchase and sale does not prescribe immediate payment of the purchase price, the person who exercises a right of pre-emption has the right to demand that the same condition also be valid with respect to the person. In this case, the person is required to provide security.
- (2)
-
Security need not be provided if:
- 1)
- a pledge was established on the sold immovable in order to secure the contract of purchase and sale. In this case, the pledge also remains valid in the exercise of the right of pre-emption;
- 2)
- upon set-off of the purchase price, a debt which is secured by a pledge established on the immovable is assumed.
§ 269. Payment of purchase price and expenses
- (1)
- The person who exercises a right of pre-emption is required to reimburse the purchase price to the purchaser which the purchaser paid to the seller according to the contract of purchase and sale, and the necessary expenses relating to the entering into the agreement and entry in the land register.
- (2)
- If an immovable has already transferred into the ownership or possession of a purchaser, the person who exercises the right of pre-emption is also required to reimburse the necessary and useful expenses made and taxes paid by the purchaser.
§ 270. Compensation of purchaser for damage
A purchaser has the right to demand compensation from the seller for damage caused to the purchaser by the exercise of a right of pre-emption if so agreed by the purchaser and the seller.
§ 271. Refusal of payment or acceptance of purchase price
- (1)
- If the person who exercises a right of pre-emption does not pay the purchase price or reimburse the expenses which the person is required to pay, the seller or purchaser may refuse to submit the application for entry of the person who exercises the right of pre-emption in the land register as the owner of the immovable, and to transfer possession to the person.
- (2)
- If the seller or purchaser refuses to accept the money specified in subsection (1) of this section, the person who exercises the right of pre-emption is required to deposit it.
§ 272. Liability of purchaser
- (1)
- The person who exercises a right of pre-emption has the right to demand compensation for damage caused to the immovable and for fruit received pursuant to the provisions concerning protection of ownership from the purchaser who has assumed possession of the immovable. Becoming aware of the presentation of an application for exercise of the right of pre-emption shall be deemed equal to becoming aware of the filing of an action for protection of ownership.
- (2)
- Real rights which a purchaser establishes in an immovable before receipt of an application for exercise of the right of pre-emption are obligatory on the person with the right of pre-emption with respect to third persons in good faith. The purchaser is required to pay full compensation for such rights to the person with the right of pre-emption.
§ 273. Exercise of common right of pre-emption
- (1)
- If a right of pre-emption belongs to several persons jointly, they may only exercise the right with respect to the whole of the immovable.
- (2)
- If one of the persons with a common right of pre-emption does not exercise it or if the person's right of pre-emption has extinguished, the others have the right to exercise the right of pre-emption without the person.
§ 274. Exercise of right of pre-emption in case of several entitled persons
- (1)
- If a right of pre-emption belongs separately to several persons of whom no one is preferred on the basis of the establishment of the right of pre-emption and unless they agree otherwise, the exerciser of the right of pre-emption shall be decided by lot.
- (2)
- A right of pre-emption acquired pursuant to law shall be preferred to a right of pre-emption established by a transaction.
§ 275. Exercise of right of pre-emption in case of other transfer
- (1)
- If a right of pre-emption is established in a transfer of property by way of exchange, grant or any other manner, or in succession, the purchase price shall be determined on the basis of the usual value unless otherwise provided by law or the transaction for the establishment of the right of pre-emption.
- (2)
- The provisions valid in the exercise of a right of pre-emption on the basis of a contract of purchase and sale apply in the cases specified in subsection (1) of this section.
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