Posts tagged #laesio enormis
All PostsOGH: Expanded Court on Laesio Enormis in Options Contracts
Civil LawIn a decision by an expanded court, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided clarification on the exercise of laesio enormis (lesion beyond moiety) as well as its statute of limitations with regard to options co...
Laesio enormis in the Case of a Purchased Object with Insidious Spreading Loss:
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, when assessing the disproportion between performance and counter-performance in the case of reduction of a sum by more than half (laesio e...
OGH: Excessive price is not a defect subject to reporting (Sec. 377 UGB)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) recently ruled that in cases of reduction by more than half, there is no obligation to give notice of defects within the meaning of sections 377, 378 of the Austrian Commercial Code (Unternehmens...
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