Posts tagged #contract

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OGH on Establishing Easements

Civil Law 

The title to an easement is, in principle, a contract that can be concluded not only by express agreement but also by an implied agreement within the meaning of Section 863 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ...

OGH: Temporary Property Manager May Apply for Own Dismissal

Civil Law 

A property manager who was appointed by the court as a provisional caretaker under Section 23 of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) and who has acted in this capacity for the property owners' association may, upon...

OGH on the termination of existing contracts for good cause

Civil Law 

A premature termination for good cause is applicable if it is due to a substantial change of circumstances which cannot be attributed to either of the contracting parties. According to the case law on Section 1117 of the Austrian General Civil Code (...

OGH: "Inheritability" of claims for damages

Civil Law 

The Austrian Supreme Court (Oberster gerichtshof, OGH) decided in the present case that the legal status of an heir only entitles him to assert those disadvantages to which the testator was also entitled in connection with a tortfeasor. In the case a...

OGH: Pro forma declarations do not establish entrepreneurial status

Civil Law 

In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the international and local jurisdiction of a case pending in Switzerland between an alleged consumer and an entrepreneur. The defendant operates a business system...

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