Posts tagged #party status

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Voluntary Oaths: Austrian OGH Clarifies Creditor’s Standing as a Party

Civil Law 

In principle, a debtor with a valid obligation must be willing to fulfil their obligation in order to avoid the creditor initiating enforcement proceedings. Voluntary oath requested by debtor In a compulsory inheritance portion lawsuit, the applicant...

OGH: Shareholders Can Oppose Deletions from Commercial Register

Corporate Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...

VwGH: Statute of Repose in Plant Approval

Administrative Law 

The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that failure to announce the oral hearings in plant-approval proceedings by not publishing such notice on the premises affects the statute of repose of the owners ...

OGH: On status as a party in probate proceedings

Third parties, such as contractual partners of the decedent, creditors or legatees, are in principle not parties in probate proceedings and therefore not entitled to lodge appeals. If the rights of third parties are infringed by a court decision, the...

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