Mag. Elke Novak-Rabenseifner, Rechtsanwältin
Meinhard Novak, Rechtsanwalts GmbH
Karlsplatz 3/6
1010 Wien
T          +43 (0) 1 890 20 12 – 0
F          +43 (0) 1 890 20 12 – 11
E           office@novakra.at
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Archive for August, 2014

DEFECTIVE INVESTMENT ADVICE – RECOGNITION OF INCIDENCE OF LOSS (OGH 29.04.2014, 2 OB 30/14X)

Sunday, August 3rd, 2014

Attempts to appease by an investment adviser can postpone the recognition of the incidence of loss and therefore the beginning of the limitation period. Should the investor act against the advice of the investment adviser the limitation period does not get postponed. Furthermore the behaviour of the adviser has to be verified to see if he did restrain the investor from claiming his legal rights.

THREAT OF DEATH – REIMBURSEMENT OF COSTS AND EXPENSES FOR PERSONAL SECURITY (OGH 22.05.2014, 2 OB 28/14B)

Sunday, August 3rd, 2014

If a plaintiff feels the need to hire personal security based on (anonymous) threats of death via SMS, a claim of reimbursement of costs is not foreclosed – depending on the severity of the threats. The certainty to live without any danger to physical integrity is just as protected by penal law as the physical integrity itself.

REAL-ESTATE TRANSACTIONS – LONG-TERM STOCK CONTRACT AS TRANSACTION EVADING THE LAW (OGH 29.04.2014, 9 OB 18/14H)

Sunday, August 3rd, 2014

Even a non-redeemable contract of tenancy which is limited to 99 years and includes the rent as a single expense paid at the contract closing is subject to the real-estate transaction authorization requirements, because a tenancy contract is a transaction evading the law.  The contract is in a state of uncertainty until the decree of the authority, therefore the disallowance leads to invalidity. The invalidity of the contract includes all additional agreements like a pre-emption right or a total prohibition of transfer.

YOUTUBE: COMMERCIAL EXPLOITATION OF VIDEO MATERIAL BY A THIRD PARTY (OGH 20.05.2014, 4 OB 82/14H)

Sunday, August 3rd, 2014

Uploading videos on Youtube grants the non-commercial, private usage of said material by all users. If used commercially third parties have to request permission either form Youtube or the creator.