Posts tagged #value guarantee
All PostsChange in Judicial Approach to Value Guarantee Clauses
Civil LawA recent ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) affirms that value guarantee clauses retain their validity even when an exclusion of a rent increase during the initial two months is not expressly excluded. In 202...
Section 6(2)(4) of the Consumer Protection Act Is Constitutional
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has rejected as unfounded the application seeking annulment of Section 6(2)(4) of the Consumer Protection Act (Konsumentenschutzgesetz, hereinafter KSchG), which pertains to...
New Decision Regarding Clauses in Rental Agreements (Part 1)
Civil LawIn the case at hand, the Austrian Chamber of Labor (Arbeiterkammer) has initiated legal proceedings against the defendant company regarding the validity of 34 clauses in rental agreements. A partial judgment upheld 30 of these clauses as invalid. In ...
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...
OGH on Standard Terms in Rental Contracts
Civil LawIn a case brought by a consumer protection organisation, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has prohibited the use of 37 clauses that are unfavourable to consumers in pre-formulated rental contracts of a property manag...
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