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
W          www.novakra.at

Archive for the ‘News’ Category

Bei bloßer relativer Anwaltspflicht ist kein Einvernehmensrechtsanwalt erforderlich (OGH vom 18.02.2015, 3 Ob 210/14z)

Wednesday, May 27th, 2015

Sorry, this entry is only available in Deutsch.

Neue Rechtsprechung zu Fragen der nachehelichen Vermögensaufteilung (OGH vom 03.03.2015, 1 Ob 247/14a)

Wednesday, May 27th, 2015

Sorry, this entry is only available in Deutsch.

Hausdurchsuchung durch BWB – Einsatz forensischer Software (VwGH vom 22.04.2015, Ra 2014/04/0046 bis 0051)

Thursday, May 21st, 2015

Sorry, this entry is only available in Deutsch.

DOCTOR’S CONTRACT: PROFESSIONAL EXPERIENCE EQUAL TO DOCTOR OF CHOICE OR PANEL DOCTOR. (OGH 19.03.2015, 1 OB 35/15A)

Thursday, May 21st, 2015

Personal and professional competence are the main criteria for a doctor’s contract. Occupation as settled doctor, doctor’s office representative or employed doctor are considered equivalent.

COMPARATIVE ADVERTISMENT (OGH 20.1.2015, 4 OB 248/14W)

Friday, March 13th, 2015

Newspapers are allowed to advertise in comparison to other papers in a good way, it is not allowed to ascribe others to bad journalism.

Comparative advertisement is only admissable if it relates to essential, relevant, verifiable and representative features of the goods or services concerned but the objectivity bid forbids non verifiable features. Therefore the advertisement comparison can relate to the different economic success of both newspapers, but not on any unverifiable negative judgement.

ELECTRICITY COSTS AND THE RIGHT OF RESIDENCE (OGH 27.11.2014, 1 OB 200/14I)

Friday, March 13th, 2015

A registered right of residence does not oblige the owner to take the running costs (e.g. heating, electricity, cleaning …).

CANCELLATION OF AN AGREEMENT OF DONATION AND DISPOSAL PROHIBITION (OHG 18.11.2014, 5OB 193/14I)

Friday, March 13th, 2015

On cancellation of a donation based on severe ungratefulness a reassignment is valid even if there is a registered disposal prohibition.

COLLISION BETWEEN CUSTOMER AND TRANSPORTING-GOODS VEHICLE IN SUPERMARKET (OGH 19.11.2014, 3 OB 160/14X)

Thursday, February 5th, 2015

If a shop assistant who slides a transportation vehicle does not observe the needed safety distance to a customer and the customer gets hurt – even if he/she acts unmindful – the shop assistant carries at least a contributory negligence.

The damage claim remains even if the shop assistant warned the customer acoustically if it is not noticeable that the customer actually perceived the warning.

PAIN OF SEPARATION ON PREVENTED VISITATION RIGHTS (OGH 27.11.2014, 9 OB 28/14D)

Thursday, February 5th, 2015

A severe negligence of the liable party is needed to demand damage claim based on a “shock loss”. The prevention of the visitation right between den divorced parties does not count as a reason since the child was taken good care of at the other parental unit.

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.