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Marriage After Testator’s Death Does Not Bar Inheritance

Civil Law 

In case 2 Ob 71/25t, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined if a marriage that took place after the testator’s death influences who is named as an heir under inheritance law. The case at hand concerned an inherita...

OGH on the Abuse of Divorce Rights

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a repeated marriage and divorce from the same spouse constitutes an abuse of rights. Among other things, the exercise of a right is considered to ...

OGH: Limitation Periods for Revocation of Prenup-Like Gifting

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...

OGH Recognises WhatsApp Marriage

Civil Law 

A long-distance marriage ceremony in which the free will of the parties involved is not in doubt does not violate fundamental tenets of Austrian law. The plaintiff and the defendant are Iranian nationals who had a long-term relationship. Before the d...

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