Posts tagged #information
All PostsVoluntary Oaths: Austrian OGH Clarifies Creditor’s Standing as a Party
Civil LawIn principle, a debtor with a valid obligation must be willing to fulfil their obligation in order to avoid the creditor initiating enforcement proceedings. Voluntary oath requested by debtor In a compulsory inheritance portion lawsuit, the applicant...
GER: Pre-Surgery Written Briefing is Insufficient
Civil LawWritten information about a medical intervention is not sufficient, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). The part of the information that is relevant for patients to make an informed decision has to b...
Austrian OGH on Media Law: Defendant Must Be Named
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with the question of whether the name of defendants must be mentioned in reports, pursuant to Section 37 (1) of the Austrian Media Act (Mediengesetz, hereinafter Me...
ECJ: Free First Copy of Patient Records
European LawThe European Court of Justice (ECJ) has ruled on the interpretation of the General Data Protection Regulation (GDPR). Patients have the right to request a first copy of their medical records free of charge. There does not have to be any reason for th...
Austrian Government Bill: Freedom of Information Act
Public LawThe obligation to maintain official secrecy has been explicitly enshrined in the Austrian Federal Constitution. A new government bill now aims to abolish official secrecy and increase government transparency. To this end, the Austrian Federal Constit...
DE: Sellers Duty to Inform Gets Tougher
Civil LawBuyers must be adequately informed by sellers about the costs of renovating a property. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), making this information available in a virtual data room only three days be...
OGH: Credit Brokers Must Inform
Civil LawWhat are the consequences of a credit broker failing to provide proper information about the credit broker’s commission? This was decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The claimant had arranged a loan for the ...
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