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.
Posted in News | Comments Off on COMPULSORY PORTION REDUCTION FOR LACK OF CONTACTS? (OGH 19.03.2015, 6 OB 226/14Z)
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.
Posted in News | Comments Off on WAY HOLDER LIABILITY – FLOODING OF AN UNDERPASS (OGH 13.05.2015, 2 OB 155/14D)
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.
Posted in News | Comments Off on SAFETY OBLIGATION REGARDING THE ORGANIZER OF A SKI RACE (OGH 20.05.2015, 7 OB 68/15Y)
July 6th, 2015
Sorry, this entry is only available in Deutsch.
Posted in News | Comments Off on Kurze Haltbarkeit von Verschleißteilen als Mangel (OGH vom 23.04.2015)
May 27th, 2015
Sorry, this entry is only available in Deutsch.
Posted in News | Comments Off on Bei bloßer relativer Anwaltspflicht ist kein Einvernehmensrechtsanwalt erforderlich (OGH vom 18.02.2015, 3 Ob 210/14z)
May 27th, 2015
Sorry, this entry is only available in Deutsch.
Posted in News | Comments Off on Neue Rechtsprechung zu Fragen der nachehelichen Vermögensaufteilung (OGH vom 03.03.2015, 1 Ob 247/14a)
May 21st, 2015
Sorry, this entry is only available in Deutsch.
Posted in News | Comments Off on Hausdurchsuchung durch BWB – Einsatz forensischer Software (VwGH vom 22.04.2015, Ra 2014/04/0046 bis 0051)
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.
Posted in News | Comments Off on DOCTOR’S CONTRACT: PROFESSIONAL EXPERIENCE EQUAL TO DOCTOR OF CHOICE OR PANEL DOCTOR. (OGH 19.03.2015, 1 OB 35/15A)
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.
Posted in News | Comments Off on COMPARATIVE ADVERTISMENT (OGH 20.1.2015, 4 OB 248/14W)
March 13th, 2015
A registered right of residence does not oblige the owner to take the running costs (e.g. heating, electricity, cleaning …).
Posted in News | Comments Off on ELECTRICITY COSTS AND THE RIGHT OF RESIDENCE (OGH 27.11.2014, 1 OB 200/14I)