Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 573.9 · Modification To, Or Removal Of, A Condition (S.L. 573.9)

S.L. 573.9 Art. 5Value for the modification to, or removal of, a condition or conditions in the original contract. 

In KraftAmtlicher Text

(1) The value for the modification to, or removal of, a condition or conditions in the original contract of sale or emphyteusis shall be established by a perit or periti appointed by the Authority, which estimate shall be in adherence to the precepts of article 79 of the

Government Lands Act:

Provided that, in any case, in order for the value of the condition to be removed to be valued, the estimate made shall reflect the difference in value of the land subject to condition imposed in the original contract and the value of the land with all it’s development potential according to the planning laws applicable on the date when the estimate is made, as if no such condition exists.

(2) The value that shall be paid by the purchaser according to the estimate made by the of the Authority shall be: perit

(a) in the case the applicant has developed or wants to develop an additional residence or residences to serve as an ordinary residence, or were transferred as ordinary residences, for his linear descendants or ascendants, he shall pay the Lands Authority twenty-five percent (25%) of the value indicated in the estimate made by the periti appointed by the same Authority:

Provided that, in case the applicant shall transfer this property to third parties, he shall pay the Lands Authority the residual value as indicated in the original estimate made by the appointed by the same Authority; periti

(b) in any other case, not mentioned above, the PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

applicant shall pay the Lands Authority the entire value indicated in the estimate made by the periti appointed by the same Authority.

Änderungsgeschichte
  • Amended by L.N. 473 of 2020