Insights from the
IBESICH Law Firm
Updates on firm-related news and legal developments in Austria
In addition to its primary work as a law firm, Michael Ibesich regularly publishes articles in legal journals and gives lectures and interviews. The following pages provide an overview of these activities.
Video podcast about asset division
Mag. Michael Ibesich talks on the AnwaltFinden.at podcast about the...
Business Crime 2026
In Austria, business crimes are prosecuted by specialised authorities within...
Business Crime 2025
Business crime offences are primarily governed by criminal law and...
Legal News
On the question of when maintenance beyond the “Playboy limit” (luxury cap) is justified
The Austrian Supreme Court (OGH) addressed the question under which...
Suspension of Maintenance Obligation During the Serving of a Longer Prison Sentence
The Austrian Supreme Court (OGH) had to address the question...
On the Issue of Malicious or Willful Damage to a Motor Vehicle in Comprehensive Insurance
The claimant, as the policyholder, had a partial comprehensive motor...
Data Protection and Social Online Network
The plaintiff is a user of the online platform Facebook...
Lawsuit Regarding Alleged Damage Caused by Neighbor’s Tree Roots
A property owner (plaintiff) sought damages of approximately EUR 33,000...
Medical Disclosure to a Cognitively Impaired Patient
A 19-year-old patient was receiving orthodontic treatment from a dentist....
Does a Prior Agreement on the Marital Home Remain Valid in Division Proceedings?
The parties married in 1990, and their marriage was dissolved...
Father’s Contact Rights During the Child’s First Year of Life
The parents separated before the birth of their child in...
No Instalment Payments for Contempt Fines
In guardianship proceedings concerning a minor child, the father failed...
No Withdrawal from a Time Compensation Agreement
The works council of a hospital filed a declaratory action...
The Intention to Gift in Compulsory Portion Law
In 1997, the deceased and his wife transferred a viticulture...
Landslide in Storm Insurance
The plaintiff and the defendant insurance company had concluded a...
No Reduction of Compensation Claims (Loss of Earnings) Due to Emergency Assistance
The plaintiff suffered an injury during an operation at the...
Recovery of Online Poker Losses?
The defendant is a legal entity under Maltese law, headquartered...
No Forced Enforcement of Parental Counseling if a Parent Waives Contact
Both parents share joint custody of their 10-year-old child, with...
Deletion of Negative Reviews by Google as a Media Owner
The issue of lacking legal recourse against often inaccurate Google...
Accident with an E-Scooter is Not Considered a Work-Related or Occupational Accident
On the morning of February 10, 2023, the claimant was...
Dispute over the family cat – who may keep a common animal after a divorce?
In the proceedings for the post-marital division of the property...
Duty to ensure public safety (“Verkehrssicherungspflichten”) when providing an event space?
Is it permissible to monitor one’s spouse?
The applicant and the respondent had been in a relationship...
Is it permissible to sign a will with a pen guided by the mouth?
At the time the will is drawn up, the testator...
Can a caregiver and her husband inherit from the cared-for person?
The deceased, who died in 2018, is survived by his...
Do parents have a right of personal contact if the minor child refuses?
In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof,...
Waiver of right of way when stopping at the intersection
In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof,...
On the formal requirements for testamentary dispositions by third parties
The testator, who died in 2018, left several testamentary dispositions....
Does school disenrollment due to COVID-19 measures jeopardize a child’s well-being?
Due to her disapproving attitude towards COVID-19 measures at schools,...
Liability of a supermarket in the event of a breach of its legal duty to maintain the safety of its premises
During maintenance work on the cooling shelves in a supermarket...
Are police vehicles part of the critical infrastructure?
The defendant was driving in a drunken state at very...
Reduction of compulsory portion (only) in case of estrangement of at least 20 years
The plaintiff is the son of the deceased, the defendant...
Must driving speed be reduced when children are standing at the side of the road?
In order to watch surfers on the river, the supervising...
Can a cheated spouse claim detective costs if he or she already knows about his or her spouse’s extramarital affair?
The question of whether detective costs are to be reimbursed...
Fleeing from the police can be expensive
In the course of a police stop during the Covid19...
Does an imprisoned father have the right to see his child?
At the time of the decision, the father of a...
How long is a child entitled to maintenance?
The father of a minor child applied to be released...
Is a drunk injured person guilty of contributory negligence?
A man was a guest in a pub and obviously...
Does an employee under a fixed-term employment relationship have to take his/her vacation during an ordered leave of absence?
The plaintiff was in a fixed-term employment relationship with the...
About the scope of a claim for damages
In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof,...
Bereavement Damages in the Event of the Death of a Pet?
§ 1293 of the Austrian Civil Code (ABGB) defines damage...
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