Posts tagged #guarantee
All PostsOGH on ‘Conflicting' Works-Contracts
Civil LawA contract for work and services (in Austria referred to as a Werkvertrag) is said to be ‘conflicting’ if a specific execution of the work is agreed upon, but due to certain circumstances the job is not performed suitably in fulfilling the (at least ...
When Can Legal Expenses Insurance Refuse Coverage?
Civil LawThe likelihood of success of the intended claim determines whether legal expenses cover will be granted. Coverage cannot be refused if the legal action has a reasonable prospect of success. In the coverage proceedings, the plaintiff sought coverage u...
OGH Comments on Loan Bill Draft Re Senior Citizens
Civil LawMinisterial Bill Draft 236/ME XXVII GP is intended to amend the Hypothekar- und Immobilienkreditgesetz, hereinafter HIKrG (Mortgage and Real Estate Loans Act) with the intention to facilitate the provision of loans to senior citizens. In its current ...
OGH on the guarantee demand of the general contractor
In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) examined the legality of a significantly excessive request for collateral by the contractor of a building within the meaning of Section 1170b of the Austrian Civil Code (Allgemeines b...
OGH on the equivalence of fax and e-mail when requesting a guarantee
The Supreme Court (Oberster Gerichtshof, OGH) commented on whether a declaration by e-mail is equivalent to a declaration received by fax when requesting a guarantee. In the case at hand, the defendant undertook to provide the plaintiff with security...
BFG: The classification of a "surety" and "guarantee" under civil law - essential differences also in the assessment of legal fees
Tax LawIn a lease agreement concluded between the plaintiff and the leaseholder, a contractual clause was inserted. According to this, a guarantor guarantees the leaseholder that he will be liable for his payment obligations should he fail to meet them desp...
OGH: On the period of assumption within the meaning of Sec. 924 ABGB and the burden of proof in the case of defects that occur after handover
Civil LawIn the course of a work contract the defendant was commissioned by the plaintiff to manufacture, deliver and install a surveillance system. The handover took place, but only a few days after this and repeatedly thereafter malfunctions occurred. After...
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