Under the right of pre-emption

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Which this right is to be exercised. The provision of Art. of the Civil Code obliges the parties to the sales contract to include in its content a condition according to which a third party may acquire the item only if the person entitled to pre-emption fails to exercise his right. A condition stipulated in the contract may be: Suspensive , i.e. the fulfillment of this condition involves the emergence of the effects of a legal act upon the occurrence of a specific future and uncertain event, for example, concluding.

A contract for the sale of movable property subject to obtaining a loan; Terminator , i.e. the fulfillment of this condition causes the cessation of the effects of a given legal act, for example, the contract would be terminated if the phone number list condition of obtaining certain rights was not met. The right of pre-emption may be entered in the land and mortgage register pursuant to Art. of the Land and Mortgage Registers Act, if the right of pre-emption applies to real estate, interest in real estate, perpetual usufruct and participation in this right and cooperative ownership right to the premises. Case law Judgment of the Court of Appeal in Szczecin of February.



Ursuant to Artof the Civil Code, the person obliged may sell the thing to which the right of pre-emption applies, only on the condition that the person entitled to pre-emption does not exercise his right. Exercising the right of pre-emption is a unilateral legal act of a formative nature, which becomes effective from the moment the declaration of will is made available to the other party in such a way that he or she can become familiar with its content Article § of the Civil Code . Judgment of the Court of Appeal in Kraków of April , , ref. no. file I AGa / The right of pre-emption constitutes a priority reserved to the entitled person in purchasing a marked item in case this item is sold to anyone.