Important decision
The Civil and Commercial Collegium of the Supreme Court has approved for publication in the Collection of Judicial Decisions and Opinions a further legal sentence on real estate transfers. According to the judgment in Case No. 24 Cdo 1520/2025, the formal requirements for the transfer of real estate must be complied with in the case of an offer to exercise the pre-emption right and its acceptance.
The Supreme Court has held that if the acceptance of an offer to exercise the pre-emption right is to lead to the transfer of the right in rem to immovable property, it is not sufficient that the offer and its acceptance be recorded on separate documents. For the purposes of registration of the title in the Land Register, the requirement that the expressions of intent of all the persons acting must be on the same document applies.
According to the court, the provision on the offer of pre-emption right does not constitute an exception to the general formal rules for legal acts transferring a right in rem to real property. Therefore, the mechanical combination of two originally separate documents is not sufficient in itself. The conclusion is particularly important in cases where the offer to the preemptor and its acceptance are to be used as the basis for the registration of the ownership right in the Land Registry.
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