Right of first refusal under §3056 of Act No. 89/2012 Coll., Civil Code

In the present case, the applicant was the sole owner of the land and the defendant was to owner of a 92/183 holding in the building, which was built on the land owned by the applicant. The remaining co-owner of the House were third parties. The defendant acquired the ownership share of the house on the basis of two purchase contracts from the previous ownership shareholders. The applicant sought the replacement of the expression of will – conclusion of the purchase contract under the pre-emptive right by the transitional provisions of §3056 of Act. No. 89/2012 Coll., Civil Code. The dispute was decided by the Supreme Court of the Czech Republic.

The Supreme court of the Czech Republic stated in its decision of 27 March 2019, ref.: 22 Cdo 2979/2019 that if the subject of the transfer is a co-ownership of land or of a house standing on the land, and this transfer would not lead to the unification of the ownership of the building and the land, § 3056 par. 1 of Act No. 89/2012 Coll., Civil Code cannot be used.