Posts tagged #purchase contract
All PostsRescission in Sales: Verbal Agreements vs. Written Clauses
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) reviewed the issue of whether a purchaser holding return rights bears liability for stone chip damage. The plaintiff purchased an electric vehicle from the defend...
OGH: No Commission despite Successful Brokerage?
Civil LawIn order for a broker to be entitled to a commission, the transaction to be brokered must have come about as a result of the broker’s contractual activity, or at least a transaction of the same value as the one to be brokered under the contract must ...
Laesio enormis in the Case of a Purchased Object with Insidious Spreading Loss:
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, when assessing the disproportion between performance and counter-performance in the case of reduction of a sum by more than half (laesio e...
OGH on the justification of the reservation right of ownership
In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, in proceedings for justification (Sections 40 et sqq. of the Land Register Act - Grundbuchsgesetz, GBG), a missing declaration of registration or a...
BFG on hidden profit distribution
Tax LawIn legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...
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