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Posts tagged #clause control

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Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether a credit institution could be held liable for clauses in the general insurance conditions of a residual debt insurance under section 28 of the Austrian Consume...

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Dog Injures Trainer: When the G&Ts ‘Bite’

Civil Law 

Unusual provisions in general terms and conditions do not become part of the contract if they are unfavourable to the other party and could not have been expected under the circumstances, according to Section 864a of the Austrian Civil Code (Allgemei...

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OGH: New Ruling on Loan Handling Fees

Civil Law 

On 23 January, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued its first decision on complaints about handling fees for consumer loans. Its decision is a departure from previous case law. The Austrian Verein für Konsumenteni...

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