Posts tagged #interpretation of contract
All PostsTop Prize on Scratch Cards – Who Wins?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...
Protecting Competition in Leases to Affiliated Companies
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether a landlord would breach a contractual competition protection clause by leasing two distinct business premises, each under 500 m², to companies tha...
OGH on the admissibility of compensation clauses of a public company in the course of a reorganization
In the course of the conversion of a limited partnership (Kommanditgesellschaft, KG) into a public limited company (Aktiengesellschaft, AG), two partners left the KG. The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled on the question of wha...
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...
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