Posts tagged #co-owner

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OGH: Calculation of Compulsory Portion for Inherited Apartments

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of how to calculate the claim of other compulsory-portion beneficiaries in the case where a beneficiary who, as co-owner of the testator’s apartment, now ...

OGH: Liability for Cycling Accidents on Mountain Bike Trails

Civil Law 

The liability of road owners according to Section 1319a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also applies to mountain bike trails. The contractual assumption of maintenance establishes joint ownership. Th...

Austrian Supreme Court: Joinders and Common Garden Areas

Procedural Law 

In the present case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with determining if a part of a garden area belongs to the condominium property as a whole and if litigation in this matter requires a joinder of parties. T...

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