Posts tagged #rental agreement
All PostsAustria: Recent Tenancy Law on Value Preservation Clauses
Civil LawThe Austrian Council of Ministers has approved a resolution to amend laws relating to index adjustments, fixed-term agreements, and the recovery of overpaid rent. The proposed Civil Law Indexation Adjustment Act aims to clarify value guarantee clause...
Austrian OGH: Prejudicial Nature of Cost Allocation Keys
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has affirmed that interim motions for declaratory judgments are permissible when the contested right or legal relationship is determinative for the resolution of the main action, and ...
Value Guarantee: Review of Basic Rent in Non-Contentious Proceedings
Civil LawAccording to Austrian general civil law criteria, the validity of a value guarantee agreement is not subject to review in non-contentious proceedings under Section 37(1)(8) of the Austrian Tenancy Law Act (Mietrechtsgesetz, hereinafter MRG). As a pre...
GER: Burden of Proof for Damage to Hired Cars
Civil LawWho bears the burden of proof that a hired car was in an undamaged condition before it was taken over by the hirer? This question has been considered by the Regional Court of Muenster, Germany. In the case at hand, a customer had hired a Sprinter van...
OGH: Major Ruling on Rental Agreement Clauses (Part 6)
Civil LawThe first part of a rather extensive and practice-relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the sixth part of the judge...
OGH: Major Ruling on Rental Agreement Clauses (Part 3)
Civil LawIn recent issues of the USANCEN Newsletter we have been publishing excerpts of an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the third part...
OGH: Major Ruling on Rental Agreement Clauses (Part 2)
Civil LawIn the last issue of the USANCEN Newsletter we published the first part of an extensive decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the second part of...
OGH: Major Ruling on Rental Agreement Clauses (Part 1)
Civil LawThe Austrian Chamber of Labour has taken a commercial landlord to court on the grounds claiming that no fewer than 44 (!) clauses in their rental agreements were unlawful. Many of these clauses were now declared invalid by the Austrian Supreme Court ...
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