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Archive for January 9th, 2015

BANK REMITTANCE – LIABILITY FOR FAILURE OF TRANSFER (OGH 23.10.2014, 2 OB 224/13Z)

Friday, January 9th, 2015

Since the beginning of the year the name of the recipient does no longer count as customer identification just the IBAN is controlled by the bank.
Therefore the bank is not liable if the transfer fails through a defective recipient name.

CREDIT CARD BUSINESS – RISK BEARING AT MISUSE OF A THIRD PARTY (OGH 21.10.2014, 4 OB 133/14H)

Friday, January 9th, 2015

Contract partners of credit card companies always see themselves in a negative position based on the nature of credit card business. The have to give their goods to the customer without an immediate payment. Therefore the credit card company has to make sure that the system is not misused by a third party. If the company neglects this duty it has to pay for eventual damage of the customer.

PARTIAL LEGAL EFFECT AT OPERATING COSTS CHECKING PROCEDURE (OGH 25.07.2014, 5 OB 113/14Z)

Friday, January 9th, 2015

Unchallenged parts of a decision can evolve partial legal effect. Therefore an unchallenged part of a decision can get indefeasible if it is not in a coherence with the disputed decision.

EXCLUSION OF THE CONVERSION AT MINOR DEFICIENCY (OGH 18.09.2014, 1 OB 139/14V)

Friday, January 9th, 2015

Whether deficiency is minor has to be checked at the time of change from correction of defects to secondary remedy so already checked deficiencies are not considered for a decision of conversion.

GIFT IN CONTEMPLATION OF DEATH (OGH 4.9.2014, 5 OB 39/14T)

Friday, January 9th, 2015

The donation contract in contemplation of death only occurs under specific requirements. In the established notarial deed has to be an explicit acknowledgement of receipt from the gift taker and a sacrifice of revocation from the gift donor. This also takes effect to a mixed donation, otherwise there is only a legacy but no contract.

PATENT ATTORNEY: NO POWER TO REPRESENT AHEAD OF OGH (VFGH 9.10.2014, CG 95/2013)

Friday, January 9th, 2015

The restriction of the power to represent by patent lawyers ahead of OGH and OLG does not violate the principle of equality treatment. Further there is no disproportionate interference to the freedom of acquisition practice due to the restriction.