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

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.

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.

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.

Contract partners of credit card companies always see themselves in a negative position based on the nature of credit card business. The have to give their goods to the customer without an immediate payment. Therefore the credit card company has to make sure that the system is not misused by a third party. If the company neglects this duty it has to pay for eventual damage of the customer.

Unchallenged parts of a decision can evolve partial legal effect. Therefore an unchallenged part of a decision can get indefeasible if it is not in a coherence with the disputed decision.

Whether deficiency is minor has to be checked at the time of change from correction of defects to secondary remedy so already checked deficiencies are not considered for a decision of conversion.

The donation contract in contemplation of death only occurs under specific requirements. In the established notarial deed has to be an explicit acknowledgement of receipt from the gift taker and a sacrifice of revocation from the gift donor. This also takes effect to a mixed donation, otherwise there is only a legacy but no contract.

The restriction of the power to represent by patent lawyers ahead of OGH and OLG does not violate the principle of equality treatment. Further there is no disproportionate interference to the freedom of acquisition practice due to the restriction.

Even though the local supply law includes a ban of discrimination it’s not valid for delivery refusal. Therefore the delivery refusal is permitted until it threatens the local supply or the last vendor’s competitiveness. Since sports goods don’t satisfy the necessary needs for daily life the threat for local supply discards.