Posts tagged #nullity
All PostsLimits on Repayment Arrangements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, or OGH) has recently reviewed a case concerning the repayment of several million euros following a consultancy agreement with an Austrian bank that subsequently went bankrupt. Once insolvency proceedi...
Austrian OHG on Capitalisation and Running Costs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on two clauses contained in a tenancy agreement. In the case at hand, the plaintiffs are the tenants of a condominium apartment. In July 2020, they signed a provisional rent...
Austrian OGH on Regional Planning Contracts
Civil LawCompliance with regional planning contracts, in particular the right of proposal and consent, can be safeguarded, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified. In the case at hand, the plaintiff property developer ...
OGH 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: Major Ruling on Rental Agreement Clauses (Part 11)
Civil LawBeginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the eleve...
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 on Insurance Interest: Watch What You Claim!
Civil LawSubsequent invalidity of contractual clauses is precluded by withdrawal from a contract. This was clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) in connection with a consumer’s late withdrawal from a life insurance po...
OGH: Contestability of Association Resolutions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) refused to rule the non-admission of a nomination for the election of the executive board of an organisation as a gross error leading to the nullity of the election of the executive c...
OGH: Circumvention transactions in the case of § 5 para 2 WEG
Civil LawSection 5 (2) of the Austrian Condominium Act (Wohnungseigentumsgesetz, hereinafter WEG) favours property owners by means of a 3-year period for the purchase of parking spaces. The purpose of the law requires that a purchase should not only cover the...
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