Posts tagged #obligation

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OGH: Landlords Must also Maintain Radiators

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that landlords’ recently stipulated new obligation to maintain ‘heating installations’ under Section 3(2)(2a) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter ...

OGH: Summer Use of Winter Season Passes

Civil Law 

The settlement of a claim for a monetary refund by offering and accepting a substitute service constitutes a service in lieu of payment within the meaning of Section 1414 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter AB...

OGH: Duty to Inform Insurance Provider

Civil Law 

Policy holders must inform their insurance company truthfully and fully of all circumstances of the claim. This duty of disclosure ends with the refusal of the insurer to pay out a benefit. In 2016, the plaintiff bought a used car. As the car was equ...

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