UWG-Verfahren wegen Verstoß gegen das GSpG – eV (OGH vom 19.05.2015, 4 Ob 70/15w)
Monday, October 12th, 2015Sorry, this entry is only available in Deutsch.
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During the investigation of the legal shares, the endowment allowance is excluded, if the donee is not entitled for the legal shares and if there is a period of least two years between the endowment and the death of the testator.
The EU established some registration barriers to work against the registration of technical manufacturing possibilities. The applicant of a trademark must be able to prove that the features he wants to register are only attributable to his way of manufacturing so that the origin of the product can be clearly identifiable.
The definition of a “fare dodge” is the usage of a (public) vehicle without paying or having the allowance of the vehicle owner. The owner and the indemnity insurance are not liable for possible accidents or injuries. The damaged or injured person can therefore only claim a compensation against the driver.
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.
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.
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.
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.
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.
Sorry, this entry is only available in Deutsch.