Posts tagged #lease agreement
All PostsOGH Rules on Value Protection Clause in Residential Leases
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the following value protection clause is invalid: ‘Value is currently safeguarded in accordance with the Consumer Price Index 2015 (CPI 2015), which is published monthl...
OGH: Fictitious Managing Director's Salary as Compensation for Damages
Civil LawIn case a contract-fulfilling party does not conclude a coverage agreement, only the abstract calculation of damages can be considered. A lease agreement for a hospitality business was concluded between the plaintiff (lessee) and the defendant (lesso...
OGH on the termination of existing contracts for good cause
Civil LawA premature termination for good cause is applicable if it is due to a substantial change of circumstances which cannot be attributed to either of the contracting parties. According to the case law on Section 1117 of the Austrian General Civil Code (...
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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