Posts tagged #withdrawal
All PostsOGH: Invalid Clause in Package Tour GTCs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a complete preclusion of the right to withdraw from a package tour contract at no charge in the case of travel restrictions due to COVID-19 is inadmissible. In 2021...
Consumer Protection Sec 3 Applies in Reverse Consumer Transactions
Civil LawPart I of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) not only applies to typical cases where a business is the provider of goods or services within the scope of a consumer transaction. The fact that a consumer holds the pos...
BMJ adjusts late withdrawal for life insurance policies
Civil LawThe Austrian Federal Ministry of Justice has presented a government bill to amend the Insurance Contract Act (Versicherungsvertragsgesetz, VersVG). It is now to be clarified that in the event of a late withdrawal from a life insurance policy, all pre...
OGH: Consequences of late withdrawal from a life insurance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) decided that Section 176 para 1 of the Insurance Contract Act (Versicherungsvertragsgesetz, VersVG) is contrary to EU law if it provides the same legal effects for the withdrawal from an endowmen...
DE: Consumer's debt assumption for an overdraft loan - Can he withdraw?
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) ruled on the question of the extent to which a consumer has a right of withdrawal when joining a debt assignment and assumption agreement to secure an overdraft. Small businesses often refinan...
DE: VW diesel scandal: Withdrawal only with prior setting of a time limit
The German Federal Supreme Court (Bundesgerichtshof, BGH) had to decide whether buyers of a vehicle affected by the diesel scandal can withdraw from the purchase contract even if they have not previously given the seller an opportunity to remedy the ...
OGH: On the right to withdraw from life insurance policies
The beginning of the period for the withdrawal from life insurance policies may be made dependent on the receipt of certain documents. These documents must be delivered at the latest with the policy and the policyholder must not have any doubts about...
UPDATE: OGH on the problem of interest on remuneration after withdrawal from contract and cases of "substantial" reduction of the claim due to the three-year limitation period
In a number of proceedings, the courts have dealt with the withdrawal from insurance contracts due to failure to provide information about the right of withdrawal. In particular, the question of the interest on remuneration to which the policyholder ...
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