Posts tagged #apartment
All PostsOGH: Calculation of Compulsory Portion for Inherited Apartments
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of how to calculate the claim of other compulsory-portion beneficiaries in the case where a beneficiary who, as co-owner of the testator’s apartment, now ...
OGH: No Commission despite Successful Brokerage?
Civil LawIn order for a broker to be entitled to a commission, the transaction to be brokered must have come about as a result of the broker’s contractual activity, or at least a transaction of the same value as the one to be brokered under the contract must ...
OGH: Circumvention transactions in the case of § 5 para 2 WEG
Civil LawSection 5 (2) of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) favours property owners by means of a 3-year period for the purchase of parking spaces. The purpose of the law requires that a purchase should not only cover the...
OGH on the "benefit" of a care legacy
The Supreme Court (OGH) dealt with the question of what is to be understood by a "benefit" in connection with the care legacy according to Section 677 (1) of the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). In the original case, th...
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