Posts tagged #loan agreement
All PostsOGH on Permissibility of Interest Escalating Clauses
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a loan agreement is null and void on account of, among other things, an agreed interest escalation clause. In the case at hand, the plaintiff, a c...
OGH: New Ruling on Loan Handling Fees
Civil LawOn 23 January, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued its first decision on complaints about handling fees for consumer loans. Its decision is a departure from previous case law. The Austrian Verein für Konsumenteni...
GER: Loan Agreements: Are You Liable for Your Ex’s Car Loan?
Civil LawEven though she is financially unable to cope, a young woman was to be held liable for her ex-boyfriend’s car loan. The immorality of such a loan agreement was recently established by the Oldenburg Higher Regional Court. In the case at hand, a young ...
GER: BGH on Claim Assignments in Loan Agreements
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), an assignment-by-way-of-security of all claims against a vehicle manufacturer which was agreed to in a General Terms and Conditions form goes against buyers’ right to...
OGH: Determinability of a foreign currency debt only valued in euros
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the repayment of a foreign currency loan which, according to the plaintiff, was not based on an exchange rate and thus had a final maturity in euros. The plaintiff ...
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