Posts tagged #testamentary disposition
All PostsNon-Delivery of Inventory Precludes Transfer of Ownership
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that failure of inventory delivery constitutes an impediment to the transfer of ownership. In her last will and testament, the testator designated her two daughters and...
OGH: Postponement of Compulsory Inheritance Portion
Civil LawTestators may order the postponement of the right to their heirs’ compulsory inheritance portion for a maximum of five years after the testators’ death pursuant to Section 766(1) of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch...
OGH: Graphological assignment sufficient for nuncupatio
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof) dealt with nuncupation according to Section 579 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), i.e., the confirmation of an individual’s last will and tes...
OGH: On the Inherent Unity of Testamentary Dispositions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...
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