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18.5.2026
GmbH

Current Case Law – Legal succession into a lease agreement upon the demerger of a GmbH is determined by the demerger agreement

Upon registration of the demerger in the commercial register, lease agreements assigned to the spun-off company in the demerger plan transfer to the spun-off company by way of universal succession. The spun-off company, which continues the lease agreement, therefore cannot be sued for eviction due to unauthorized use of the leased property.  

Supreme Court 25.2.2026, 7 Ob 199/25b