Posts tagged #exclusion
All PostsAustrian OGH on Apartment Furnishing-Categories
Civil LawTenants can have the original furnishing category of their apartment officially evaluated even after the legal three-year preclusion period as stated in Section 16 (8) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) has expired. This...
GER: House Building – Does a Reduction Exclude Self-Remedy?
Civil LawIf something goes wrong in having a house built, customers have quite flexible rights in the event of defects. This has recently been decided by the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). In 2012, a construction company...
DE: In case of damage to health - no shortening of the warranty claim
Civil LawA shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...
OGH: Construction risk clause in legal protection insurance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the interpretation of a construction risk clause in a legal protection insurance policy and with the question of whether a legal dispute against a court-appointed expert due to a faulty...
OGH: Compensation in case of exclusion from a private school
Civil LawIn the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with claims for damages of the plaintiff due to the termination of school enrolment by the defendant for a reason agreed in the school enrolment contract under private law pursu...
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