After successful completion of the course, students are able to differentiate between the different types of contracts and legal bases in connection with the acquisition and possession of real estate, to recognize the resulting rights and obligations - depending on the respective legal area - or to assess the consequences. In addition, students are able to answer and formulate simple legal questions related to real estate.
Differentiation of real rights such as property / condominium, lien, building right / super-certificate, easements into unlimited (full rights) and limited real rights and their scope
Differentiation between the rental, lease and purchase contract types
Read a land register extract and understand basic contractual clauses.
3.1 OVERVIEW & TERMS
• Natural / legal person, possession / property, property and liability law, movables, real estate, real rights etc.
3.2 WHICH RIGHTS CAN BE PROVIDED IN PROPERTIES
• Ownership: sole ownership, co-ownership, condominium ownership - legal basis (ABGB / WEG) / main features / distinction
• Free use: Precarium - legal basis (ABGB) / main features / delimitation of rent / lease
• Usage against payment: rent, lease - legal basis (ABGB / MRG) / main features / differentiation
• Super-certificate, building law - legal bases (ABGB) / main features, falling apart of property rights
• easements (ABGB)
• Burdens and restrictions: (ABGB) liens / mortgages, ban on encumbrances and sales, right of residence, life annuity
3.3 CONTRACT LAW
• Minimum content of contracts, formal requirements (in writing, notarized, notarial act)
• Guarantee, incorporation, termination of contracts, options for securing contracts
3.4 ESTATE
• Structure of the land register
• Explanation of terms such as cadastral community, number of deposits, A, B and C sheets etc.
• How to read an extract from the land register
• Jurisdiction of real estate in connection with land register / disputes
Introduction to private law, especially property law and contract law. Representation of the respective legal area using examples. Insight into the land register using examples. Summary and repetition of the previous unit at the beginning of the lesson. Cooperation allowed.
