Posts tagged #ban on entry

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OGH: COVID-19 - Contractual waiver of Section 1104 ABGB

Civil Law 

In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether rent must be paid in the case of a pandemic-related ban on entering the premises despite a contractual waiver of a rent exemption. The plaintiff ope...

OGH: If entry is prohibited, no rent has to be paid

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled for the first time that the rent exemption under Section 1104 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) is also applicable if business premises were sub...

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