Mag. Elke Novak-Rabenseifner, Rechtsanwältin
Meinhard Novak, Rechtsanwalts GmbH
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1010 Wien
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Archive for July, 2015

LIFE INSURANCE: HOLDER‘S POLICY – INCLUSION IN LEGACY (OGH 23.04.2015, 1 OB 61/15Z)

Tuesday, July 21st, 2015

If the policy holder refrained from the claim from the insurance contract among the living, the insurance amount is included in the legacy. An endowment of the money is not suspected, anybody who claims an endowment must prove it. The policy with an endowment declaration is an adequate evidence.

DENTAL ASSISTANT- ADVERTISTING STATEMENTS IN A RADIO INTERVIEW? (OGH 24.03.2015, 4 OB 38/15I)

Tuesday, July 21st, 2015

Employed Non-doctors are only bound to the advertisement restrictions if there is a clear advertisement for specific doctors or doctor’s offices in their statements. Descriptions of a usual type of treatment that is not just offered by the own doctor’s office are not restricted – it is freedom of speech.

COMPULSORY PORTION REDUCTION FOR LACK OF CONTACTS? (OGH 19.03.2015, 6 OB 226/14Z)

Tuesday, July 21st, 2015

The compulsory portion of a child can be reduced by half, if there was no close relationship between the testator and the beneficiary. The reduction can be excepted, if the testator refused the personal contact with the beneficiary on purpose. Basically there can only be a refusal to a tried approach, but the beneficiary is excepted if it was not possible to contact the testator due to previously morally reprehensive behaviour.

WAY HOLDER LIABILITY – FLOODING OF AN UNDERPASS (OGH 13.05.2015, 2 OB 155/14D)

Tuesday, July 21st, 2015

If the way holder omits to warn of dangers that are clearly visible or can be avoided by obeying traffic regulations, it does not constitute gross negligence. A danger counts as recognizable if there were similar incidents during the last years.

SAFETY OBLIGATION REGARDING THE ORGANIZER OF A SKI RACE (OGH 20.05.2015, 7 OB 68/15Y)

Tuesday, July 21st, 2015

The organizer of a ski race is committed to inform the participants about unusual dangers (dangers that are not easily recognizable or hard to avoid) or secure the sources of these dangers. It can be assumed that an experienced skier should be able to identify possible dangers.

Kurze Haltbarkeit von Verschleißteilen als Mangel (OGH vom 23.04.2015)

Monday, July 6th, 2015

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