Posts tagged #omission
All PostsAustria: OGH Decisions on Telecom Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently reviewed a clause about processing fees in a telecom company’s general terms and conditions. The court also sent questions regarding activation fees to the Court of Justi...
OGH on Official and State Liability for Illegal Online Gambling
Civil LawAn unlawful and culpable act of an official body in the execution of the law, which obliges the legal entity to pay compensation pursuant to Section 1 of the Official Liability Act (Amtshaftungsgesetz, hereinafter AHG), can also be an omission if the...
Condominium Owner Builds on Common Elements
Civil LawChanges to general parts of a property may not be made without the consent of the other condominium owners. Unauthorised alterations can be challenged by means of actio negatoria (action for the denial of another’s right) under Section 523 of the Aus...
OGH: Negative Easements Only Vacated as a Whole
Civil LawIn the absence of an agreement on any restrictions to the building ban, accepting a condition in breach of the building ban for more than three years will lead to loss of rights according to Section 1488 of the Austrian Civil Code (Allgemeines Bürger...
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