Schlagwort: Austrian Civil Code
Übersicht der auf law-experts.at veröffentlichten Beiträge zum Schlagwort Austrian Civil Code.
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What is understood by the “statutory guarantee”, and what legal consequence are to be borne in mind?
Veröffentlicht am 21 March 2017What is understood by the “statutory guarantee”, and what legal consequence are to be borne in mind? The statutory guarantee is liability on the part of the obligor, independently of fault, for defects that already exist upon handing over the item. A defect is a deviation from what is... -
Trespassing by vehicles: Fundamental considerations and examples
Veröffentlicht am 13 April 2017Trespassing by vehicles: Fundamental considerations and examples Sec. 339 Austrian Civil Code (ABGB) protects ownership as such against unauthorised trespassing within the meaning of general legal certainty. Both owners of material assets (such as the owner of a parking space) and holders of... -
Differentiating a freight forwarding contract from a contract of carriage
Veröffentlicht am 13 April 2017The classic freight forwarder pursuant to Sec. 407 Austrian Companies Act (UGB) in Austria, differentiating a freight forwarding contract from a contract of carriage Any party who takes on the task of attending to the shipping of goods by carriers or shippers of ocean-going vessels on account of... -
Tort law: Special provisions in regard to apartments, structures and paths under tort law
Veröffentlicht am 13 April 2017Tort law: Special provisions in regard to apartments, structures and paths under tort law Special provisions apply in the Austrian Civil Code (ABGB) in regard to apartments, structures and paths under tort law. In connection with apartments, the Austrian Civil Code (ABGB) lays down liability... -
Neighbourhood law: Current legal position in regard to neighbourhood nuisances within the scope of the Austrian Civil Code (ABGB)
Veröffentlicht am 13 April 2017Neighbourhood law: Current legal position in regard to neighbourhood nuisances within the scope of the Austrian Civil Code (ABGB) A comprehensive regulation on neighbourhood nuisances can be found in Sec. 364 Austrian Civil Code (ABGB), which is sub-divided into three paragraphs. Regarding... -
Neighbourhood law: What claims can be asserted in the case of neighbourhood nuisances?
Veröffentlicht am 13 April 2017Neighbourhood law: What claims can be asserted in the case of neighbourhood nuisances? Should the landowner be affected pursuant to Sec. 364 Austrian Civil Code (ABGB), e.g. due to a violation of the rule of consideration or effects on the latter’s property that are unusual for the locality, this... -
The term “mere co-ownership”
Veröffentlicht am 13 April 2017The term “mere co-ownership” Multiple persons may be joint owners of an item. The complete item then belongs to the persons jointly and severally, in other words they are co-owners. Co-ownership may be created by law, contract, a random event or a will (Sec. 825 Austrian Civil Code... -
Purchasing property: Statutory warranty
Veröffentlicht am 13 April 2017Purchasing property: Statutory warranty The seller must, by virtue of law (Sec. 922 Austrian Civil Code (ABGB)), vouch for the fact that the object of purchase is free of defects upon being handed over. No fault is necessary to give rise to an infringement claim once a defect is established. The...
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