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Posts tagged #right of retention

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Austrian OGH on Warranty and the Right of Retention

Civil Law 

Purchasers are entitled to choose any legal remedy provided by warranty if the seller does not raise a valid objection. In the case at hand, in April 2021, the plaintiff had purchased an office container from the defendant. Shortly after delivery, th...

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OGH: Right to refuse performance in case of defects in common areas

Civil Law 

In the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the extent to which a right to refuse the performance by two co-owners of a property affects common areas. The defendants acquired condominium owne...

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