Posts tagged #Austrian Supreme Court
All PostsStandards for Shortening Notice Period in Nursing Home Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) stated that shortening the notice period for a residential contract in a nursing home requires both the existence of an objective possibility for alternative accommodation and contrac...
OGH: Is Section 1159 ABGB Unconstitutional?
Constitutional LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the Austrian Constitutional Court (Verfassungsgerichshof, VfGH) to declare unconstitutional the new termination provisions of Section 1159(1) to (4) of the Austrian Civil Co...
OGH: Shareholders Can Oppose Deletions from Commercial Register
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...
OGH: Partial Gifts and Settlements
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with a property transfer between a landlord and the tenant of the building on the landlords’s property. The first plaintiff is the owner of a parcel of land...
OGH: Clerical Error Does Not Affect Will’s Validity
Civil LawIn the decision at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with a clerical error in a third-party will, relating to the witnesses. Due to the drafting date, the legal provisions prior to the Austrian Inheritance Law Amendme...
Austrian Supreme Court: No Loss on Delivery to Designated Recipients
Civil LawIf a carrier delivers to a recipient named by the sender either as designated in the consignment note or designated by instruction, no loss during the shipping period can be claimed. It is irrelevant whether the recipient is a fraudster who has bough...
Austrian Supreme Court: Quarantine and Recorded-Delivery Mail
Procedural LawLegally mandated self-isolation (quarantine) by a mail recipient prevents the addressee from picking up recorded delivery mail held at the post office for the duration of self-isolation. Therefore, this prevents remedying of undeliverable documents d...
OGH: Arbitrary Actions with Disputed Funds
Civil LawSums 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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