Posts tagged #maintenance obligation
All PostsMaintenance Claims during Incarceration
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the obligation to provide maintenance is suspended while an individual serves an extended prison sentence. Request for maintenance during incarceration In the init...
Maintenance obligation during Imprisonment in Default (of Fine)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) explained when a parent is required to pay maintenance while serving a default prison sentence for financial offenses. In the case at hand, a father has been required to pay EUR 100 p...
OGH: Major Ruling on Rental Agreement Clauses (Part 9)
Civil LawIn recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the ninth pa...
OGH: Major Ruling on Rental Agreement Clauses (Part 8)
Civil LawIn recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the eighth p...
OGH: Major Ruling on Rental Agreement Clauses (Part 1)
Civil LawThe Austrian Chamber of Labour has taken a commercial landlord to court on the grounds claiming that no fewer than 44 (!) clauses in their rental agreements were unlawful. Many of these clauses were now declared invalid by the Austrian Supreme Court ...
OGH: Ineffective Clause in Rental Contracts
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared the following clause in tenancy agreements invalid: ‘Any electrical appliances (electric cooker, cooker hood, dishwasher, refrigerator/freezer) must be returned to the la...
OGH: Liability for Cycling Accidents on Mountain Bike Trails
Civil LawThe liability of road owners according to Section 1319a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also applies to mountain bike trails. The contractual assumption of maintenance establishes joint ownership. Th...
OGH: Sharing Maintenance of a Serviceable Property
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the granter of a servitude must also compensate for expenditures on the servient estate if, prior to the creation of the servitude, there was a public-law obligation to, e.g. w...
OGH: Maintenance obligation of a newly created living space
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of how the landlord's duty of maintenance is structured when it concerns living space the tenant creates at his own expense. The plaintiff and the defendant have an existing...
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