Posts tagged #claim for enrichment
All PostsAustrian OGH on Built-In Furnishings Included in Purchase Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently stated that built-in furnishings are considered accessories when selling an apartment and are regarded as part of the object of sale without requiring transfer. Property ...
OGH: On restitution in enforcement proceedings
Civil LawIf the obligated person has made a payment and the enforcement order is subsequently declared invalid, annulled or otherwise declared ineffective pursuant to Section 39 para. 1 no. 1 of the Enforcement Code (Exekutionsordnung, EO), a claim for restit...
UPDATE: OGH on the problem of interest on remuneration after withdrawal from contract and cases of "substantial" reduction of the claim due to the three-year limitation period
In a number of proceedings, the courts have dealt with the withdrawal from insurance contracts due to failure to provide information about the right of withdrawal. In particular, the question of the interest on remuneration to which the policyholder ...
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