Posts tagged #error
All PostsOGH on Warranty Exclusion in Used Car Sales
Civil LawSigns of wear and tear in accordance with the age and mileage of a vehicle must be expected by the buyer of a used car. Nevertheless, the vehicle should be in a condition which the market would normally expect. In 2021, the defendant offered his car ...
OGH on Recovery for Non-Payment of Debt
Civil LawAnyone who pays a non-debt in error can reclaim the amount paid under Section 1431 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB). The prerequisite for this is that the erroneous payment was the result of a...
OGH: Arbitrary Actions with Disputed Funds
Civil LawSums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...
OGH: Claim for reimbursement of insurance benefits
The Supreme Court (Oberster Gerichtshof, OGH) deals with the question of the statute of limitations for a claim for reimbursement of erroneously paid compensation payments, as well as with the commencement of the limitation period for such a claim fo...
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