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The real estate transaction laws (Grundverkehrsgesetze) of the provinces can provide for restrictions in application of the agreement between the Federal Government and the provinces under Article 15a of the Federal Constitutional Law (Bundesverfassungsgesetz) on civil law provisions relating to building plot transactions (Federal Gazette No 260/1993 as amended by Federal Gazette I No 1/2017, available here).
In accordance with Section 14 of the 2002 Residential Property Act (Wohnungseigentumsgesetz), if one of the partners in an ‘owner partnership’ (Eigentümerpartnerschaft) dies, a special rule applies: ownership of the deceased’s part of the minimum share and joint residential property is transferred by law directly to the surviving partner. However, the latter can waive his/her right to this transfer of ownership (Federal Gazette I No 70/2002 as amended by Federal Gazette I No 87/2015, available here).
The aforementioned provision in Section 14 of the 2002 Residential Property Act on joint ownership with a right of survivorship is covered by the exceptions set out in Article 1(2)(g) of the EU Succession Regulation.
In order to ensure compliance with the provisions set out in Section 14 of the 2002 Residential Property Act, paragraph (7) thereof states that if an estate is settled abroad, the duties and powers generally assigned to the (Austrian) Probate Court (Verlassenschaftsgericht) will be assigned to the competent Austrian Land Register Court (Grundbuchsgericht).
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