Posts tagged #statute of limitations
All PostsAustrian OGH: Claim Denied—Limitation Period Expired after Accident
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...
OGH Clarifies Statute of Limitations for Legal Expenses Insurance Claims
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) provided clarification regarding the commencement of the limitation period applicable to claims for coverage or information against a legal expenses insurer. The...
Deductions for Unpaid Work under ÖNORM B 2110
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a set-off declaration by the client in a construction contract constitutes payment under ÖNORM B 2110, and if such a declaration can preclude the c...
Statute of Limitations for Construction-Related Damage
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently addressed the issue of whether claims for damages arising from water damage to a palais property, resulting from adjacent construction activities, were s...
OGH: Limitation Periods for Revocation of Prenup-Like Gifting
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...
OGH on Statute-Barred Claims
Civil LawThe limitation period for claims for damages has recently been addressed by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The three-year limitation period pursuant to Section 1489 of the Austrian General Civil Code (Allgemeines ...
OGH: Expanded Court on Laesio Enormis in Options Contracts
Civil LawIn a decision by an expanded court, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided clarification on the exercise of laesio enormis (lesion beyond moiety) as well as its statute of limitations with regard to options co...
OGH: Statute of Limitations for Return of Capital Contributions
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that claims for repayment based on the return of capital contributions may become time-barred after three years. The plaintiff company was the owner of a property with a pen...
DE: In case of damage to health - no shortening of the warranty claim
Civil LawA shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...
OGH on the unalterable determination of damage
Civil LawThe short statute of limitations of Section 1489 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) does not start to run before the actual occurrence of the damage. If there is uncertainty as to whether damage has occurre...
OGH: On the repayment of debts in enforcement proceedings
Civil LawClaims under the law on bills of exchange against the payee become time-barred within three years from the expiry date; this period also applies to the payee's bill drawer. In the present case, the plaintiff granted the drawee an advance on current a...
OGH: Liability of an auditor for investor dispositions
Corporate LawAn aggrieved investor has to claim and prove that he made his investment decision in reliance on the auditor's report and that he used it as the basis for his disposition which resulted in damages. The plaintiff invested EUR 13 million with a stock c...
OGH on the application of the 30-year limitation period to legal persons
In the present case, the Supreme Court (Oberster Gerichtshof, OGH) answered the question of the possible application of the 30-year limitation period to legal persons in the case of qualified criminal offences committed by one of their members (organ...
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