Posts tagged #Austrian Civil Code

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Sales Contracts and Contracts for Services for Photovoltaic Systems

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently provided clarification on a specific contract type in a relevant case of litigation. In the case at hand, the defendant had engaged the claimant to supply and install a p...

Top Prize on Scratch Cards – Who Wins?

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...

OGH: Sharing Maintenance of a Serviceable Property

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the granter of a servitude must also compensate for expenditures on the servient estate if, prior to the creation of the servitude, there was a public-law obligation to, e.g. w...

OGH: Arbitrary Actions with Disputed Funds

Civil Law 

Sums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...

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