Up-1048/05

A strict formality applies for legal transactions to sell real estate which impose the obligation to transfer ownership. Not only the contract but also the power of attorney for concluding a contract to sell real estate must be in writing. The complainant did not sign the contract. Merely her statement that “she is not conducting a transaction with real estate” on the basis of which the court regarded that “she has left the transaction with real estate up to her husband”, does not, according to the Constitutional Court, suffice for the conclusion that the complainant authorised her husband to sell her part of joint ownership of real estate, due to which a claim for issuing a land registry document (also) in part which refers to her part of the joint ownership is justified. Such decision of the court which is based on the position that a contract of sale by which the joint owner sells the entire real estate which is in (joint) ownership without the appropriate authorisation of the other joint owner, binds the other joint owner and obliges such to fulfil the contract, interferes with the complainant's right to private property (Article 33 of the Constitution).