Refusal of the right of pre-emption on a condominium property established before 1912

Facts

The dispute concerns a right of pre-emption on a condominium property established before 1912 in the canton of Basel-Landschaft. Georg Moritz-Plattner exercised his right of pre-emption on the sale by Karl Gogel of a part of the condominium property to Klara and Werner Waldmeier-Müller. The cantonal courts rejected Moritz-Plattner's claim, considering that the right of pre-emption had been extinguished since the entry into force of the new federal law on condominium property in 1965. Moritz-Plattner appealed to the Federal Tribunal.

Considerations

The Federal Tribunal confirms the rejection of the claim. It considers that the right of pre-emption on the condominium property established before 1912 was an element of the legal content of this property right, and not an independent acquired right. With the entry into force of the new federal law in 1965, which expressly excludes any legal right of pre-emption on condominium property (Art. 712c para. 1 CC), this cantonal right of pre-emption has therefore come to an end.

The Federal Tribunal notes that the purpose of the transitional law is to preserve the acquired rights under the old regime, while allowing the evolution of the law to adapt to new needs. However, the right of pre-emption on condominium property was only a legal restriction…