Posts tagged #notary
All PostsGER: Electronic Signature Certification Sufficient for Commercial Register Filings
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has examined whether handwritten signature may be certified via a basic electronic certificate, thereby clarifying legal requirements within this context. GmbH dissolution in co...
OGH on Notarisation of Dowries
Civil LawIn 1998, a ‘bridal gift’ had been promised to the bride at a Muslim wedding. According to the old version of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) this gift is to be understood as a dowry and, according to th...
OGH: Notaries and Negligence
Civil LawThe drafter of a contract must, within the limits of what is possible and reasonable, inform the parties to an agreement of legal and financial effects of and explain to them the risks involved, taking into account potential unfavourable economic dev...
Austrian Court on Reimbursement of Representatives’ Costs
Civil LawThe Oberlandesgericht (Higher Regional Court) of the Austrian city of Graz has dealt with an appointed representative’s claims for reimbursement of costs. Even if an appointed representative is a lawyer themself, they may be represented by another la...
OGH: Liability of GmbH Shareholders for Notary Fees
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the mere approval of a resolution to increase a company’s capital does not lead to the joint and several liability of shareholders for notary fees. The plaintiff, a...
OGH: Nuncupation Not Necessary in the Case of a Notarial Will
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that when a testamentary disposition is drawn up before a notary, no personal nuncupation is required. The deceased and his wife concluded a 'contract of inheritance together with a will' i...
OGH on the offer of redemption in the case of a right of first refusal
The Supreme Court (Oberster Gerichtshof, OGH) discussed the requirement of actual redemption in the case of a right of first refusal to purchase a property, and the deadline to be set by the notary for this. Section 83 of the Notarial Code (Notariats...
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