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Our blog is intended to provide you with regular information on current legislation and case law, amendments to the law and our lecturing activities. With our contributions, we pursue the goal of creating added value for your everyday legal life.
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Dedicated private road - application of StVO for pedestrians and cyclists?
Civil Law
1 facts of the case
An accident occurred on a private path between a cyclist and a minor pedestrian. According to the owner's dedication, the private…
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Unlawfulness of an indexation clause in contract forms (rental agreement) against consumers if a rent increase is theoretically possible within 2 months from the start of the rental period (OGH 8 Ob 37/23h)
Tenancy Law , Civil Law
Facts
One of the largest property management companies in Austria uses contract forms as a representative of landlords when concluding tenancy…
![[Translate to Englisch:] Entscheidung des OGH zu 9 Ob 102/22y](/fileadmin/_processed_/2/1/csm_ra_unger_2021-385_061cb90600.jpg "[Translate to Englisch:] Entscheidung des OGH zu 9 Ob 102/22y")
Decision of the Supreme Court on 9 Ob 102/22y - Withdrawal in abuse of rights under the FAGG?
Civil Law
Facts:
Through the intermediation of a commercial real estate agent, the defendants ("potential buyers") inspected a property for sale. The…
Decision of the Supreme Court of Justice of the Republic of Austria on 4 Ob 122/22b
Tenancy Law , Civil Law
The absolute statute of limitations of claims for damages does not apply to claims of the landlord according to § 1111 ABGB
General terms and conditions clause control of data protection declarations (OGH 23.11.2022, 7 Ob 112/22d)
Civil Law , Contract Law , General Terms Of Contract
In this decision, the Supreme Court dealt with the application of the GTC clause control to data protection declarations and declared various clauses…
Decision of the Supreme Court on 4 Ob 129/22g
Tenancy Law , Civil Law
No pandemic-related reduction of rent due to a financial shortage of the apartment tenant.
Supreme Court (OGH) decision on general terms and conditions of a legal protection insurer (OGH 7 Ob 169/22m)
Civil Law , General Terms Of Contract
The Supreme Court (OGH) had to examine the following 3 clauses in general terms and conditions of a legal protection insurer, as the Supreme Court had…
No subrogation to the social insurance agency in case of air rescue costs after traffic accident (OGH 2 Ob 145/22w)
Aviation Law , Civil Law
1. Facts of the case
An air rescue operator performed two medically necessary air rescue transports after a traffic accident. He charged the injured…
Reduction of all-in payment during parental part-time leave (OGH 9 ObA 83/22d)
Employment Law for Companies , Civil Law
1. Facts of the case
The employee had been working for the employer since June 2015. The collective agreement for employees in commerce was…