Posts tagged #deferral

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OGH: Does Section 74 NO Apply by Analogy to Judicial Wills?

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether a testator can demand the delivery of a will that has been approved by a court. In 2006, the plaintiff had deposited a testament in writing with the court of firs...

OGH: Postponement of Compulsory Inheritance Portion

Civil Law 

Testators may order the postponement of the right to their heirs’ compulsory inheritance portion for a maximum of five years after the testators’ death pursuant to Section 766(1) of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch...

OGH: Claim for debt interest in case of pandemic deferral unlawful

Civil Law 

With the COVID-19 Judicial Accompanying Act (COVID-19-Justiz-Begleitgesetz, COVID-19-JuBG), the legislator has created a deferral regulation for consumer loans in order to prevent borrowers from becoming over-indebted in the form of a double burden d...

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