A recent decision by the Austrian Supreme Court (OGH) brings a further tightening of liability for loans granted by group companies in crisis. OGH extends refund claim for downstream loans against the controlling parent company of the group. The Supreme Court affirms the right to compensation for disadvantages within the Group in the case of vertical lending (downstream) beyond the wording of the Austrian Equity Capital Act (EKEG) and beyond the principles of the prohibition of return of deposits.
More
OGH changes jurisdiction concerning divorce law. There is no longer protection against post-marital division for the business matter of real estate assets if they are mere asset management. If you want to avoid these consequences, a marriage contract is necessary.
More
If a photo is uploaded to a Facebook group without the consent of the entitled person, there is a copyright infringement, unless it is a private group.
More
The operator of a restaurant is not responsible for the faulty assembling of a washbasin by a commissioned installer according to § 1313a ABGB if the washbasin subsequently becomes detached from the wall and injures a guest through no fault of the operator of the restaurant.
More
A waiver of warranty does not include every defect. Assured characteristics or maliciously concealed defects are not included.
More
