Question juridique clé
Whether the land registry had to keep the transfer application pending until the permit authority ruled on the request for early sale.
Solution extraite
No. If the blocking period must be observed and the permit for early sale is missing, the land registry must refuse the application; it has no duty to keep it pending.
Motifs extraits
Art. 5(2) of the Federal Decree is clear and does not allow a pending status. Such a deviation from the basic rule of Art. 966(1) ZGB would require an explicit statutory basis. The appellants' interpretation was rejected as contrary to the prevailing view.