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Posts tagged #representation

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OGH: No Representation of Spouse Unworthy to Inherit

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: Section 542 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) does not provide for the representation of an unworthy spouse. The de...

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OGH: Disclaiming Farm Inheritance Does Not Affect Heirs

Civil Law 

In case a legal heir disclaims their inheritance without effect for their descendants, the legal heirs shall participate as representatives in the selection of the heir to be made pursuant to Section 3 of the Austrian Anerbengesetz (AnerbenG)[1]. Whe...

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OGH: Written form of verbal power of attorney in the tenancy agreement

Civil Law 

A written reference to acting (also) in another's name is not required either for the effectiveness of the proxy or for the fulfilment of the written form requirement for temporary tenancy agreements. A tenancy agreement limited to 3 years was conclu...

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