Posts tagged #conversion
All PostsLaesio enormis in the Case of a Purchased Object with Insidious Spreading Loss:
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, when assessing the disproportion between performance and counter-performance in the case of reduction of a sum by more than half (laesio e...
Update: On the implementation of the Directive on representative actions
European LawThe European "Directive on representative actions for the protection of the collective interests of consumers and repealing" (Directive 2020/1828) of November 25, 2020 obliges member states to establish a procedure for collective redress and adequate...
OGH on the buyer's conversion right
When examining the conversion right, the specific contract must be taken into account. The interests of the contracting parties must be weighed objectively on a case-by-case basis. In doing so, a comprehensive weighing of the interests of both partie...