- With reference to recent case law, according to which the transfer of rights of pre-emption, repurchase rights, and personal easements is possible through universal succession under corporate law (5 Ob 136/19i; 1 Ob 173/19a [repurchase right]; 5 Ob 74/20y [transfer of assets pursuant to § 142 UGB]; RS0133206; 5 Ob 215/21k [merger by absorption pursuant to § 1 para 1 no 1 GenVG]; contra 5 Ob 106/95), the Supreme Court now also affirms the transfer of a right of way, which in the course of a municipal merger is transferred to the consolidated municipality pursuant to § 8 NÖ GO.
Supreme Court, July 3, 2025, 6 Ob 123/24t
