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

OCULIST AND OPTICIAN IN CLOSE SPATIAL BOND (OGH 17.07.2014, 4 OB 34/14Z)

Wednesday, September 3rd, 2014

If an optician runs his business in a close spatial bond with an oculist there is no obstruction with the freedom of choice of patients.  There is no enticing away of customers since the oculist’s patients can freely go to other optician shops. The close spatial bond between the oculist and an optician does not represent any advertisement for the oculist but if the employees of the oculist refer to the optician for any further medical advice there is a contravention of advertisement.

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.

SUIT FOR SATISFACTION, THOUGH THE NEGATIVITY OF THE DECLARATORY COURT CASE (OGH 23.04.2014, 4OB 52/14X)

Monday, July 14th, 2014

Pendens of proceeding, which is consider the precursor of the principal of singularity of ruling, is on hand, when a claim is later declared just through a ruling in an active trial. A suit for satisfaction will not negate a claim in a negative ruled declaratory court case.
For convenience it is possible to paus one of the active court proceedings, or the satisfaction case can be transmitted to the court that is responsible for the declaratory court proceedings.

AUSBEZAHLTE LEBENSVERSICHERUNSSUMME FÄLLT NICHT ZUR GÄNZE IN DIE UNTERHALTSBEMESSUNGSGRUNDLAGE (OGH VOM 28.4.2014, 8 OB 35/14A)

Tuesday, July 1st, 2014

Sorry, this entry is only available in Deutsch.

UNWIRKSAMKEIT EINER VERDECKTEN SACHEINLAGE IM KONZERN (OGH VOM 25.3.2014, 9 OB 68/13K)

Tuesday, July 1st, 2014

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(Deutsch) Auskunftsanspruch des Überwachten gegen Privatdetektiv? (OGH vom 22.1.2014, 3 Ob 197/13m)

Wednesday, April 2nd, 2014

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Ehrverletzende Postings im Internet? – Redaktionsgeheimnis? (OGH vom 23.1.2014, 6 Ob 133/13x)

Monday, March 31st, 2014

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