Posts tagged #notarial deed

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Formal Mistake Can Void a Will

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a will drafted by a notary in accordance with the testator’s directives and executed before witnesses is regarded as a private will.  As such, it must meet only the form...

OGH on Advance Agreement on Matrimonial Homeownership

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to clarify whether a prior agreement on the marital home was valid in the context of property settlement proceedings. The parties’ marriage, contracted in June 1990, was dissolved...

OGH on the Formality of Gift Agreements

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has given a ruling on the formal validity of so-called ‘mixed gift’ agreements. According to Section 943 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter A...

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