31.07.2023 | What had happened? In the proceedings for the post-marital division of the property acquired during the marriage, both parties disputed the allocation of the cat they kept together. The wife had previously taken the animal with her when she moved out of the marital home... (...)
22.06.2023 | What had happened? The commander of the volunteer fire department agreed with the defendant municipality that the fire department may hold a ball in an event center of the defendant. According to the defendant’s house rules, which were part of the agreement, the fire... (...)
26.05.2023 | What happened? The applicant and the respondent had been in a relationship for several years and had also been married since August 2019. However, on July 21, 2022, the applicant informed her husband that she wanted to separate. Since then, she had felt stalked and watched by... (...)
27.04.2023 | What had happened? At the time the will is drawn up, the testator can only respond to questions with a nod or eye contact. The notary therefore reads the draft will to him and explains the consequences of the will to the testator. When asked whether this was also his last will... (...)
29.03.2023 | What had happened? The deceased, who died in 2018, is survived by his wife. In a 2015 will, he named his caregiver and her husband as heirs. Course of the proceedings The wife did not want to accept the will as it stood and made a declaration of acceptance of the inheritance.... (...)
31.12.2022 | Pursuant to Section 108 of the Austrian Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG), the application for the regulation of personal contacts is to be rejected without further examination of its content and the continuation of enforcement is to be refrained... (...)
30.11.2022 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the issue of waiver of right of way when stopping at an intersection and clarified alleged ambiguities in previous case law. According to Section 19 (8) StVO (Straßenverkehrsordnung, Road... (...)
30.10.2022 | What had happened? The testator, who died in 2018, left several testamentary dispositions. In a handwritten will from 1978 in conjunction with a supplement from 2001, he declared his wife (who died in 2010) to be his sole heir. In the event of the wife’s predecease, he... (...)
29.09.2022 | What happened? Due to her disapproving attitude towards COVID-19 measures at schools, the mother with joint custody, in whose household the child also lives, enrolls the common child in home schooling, but without offering an adequate substitute for school attendance. The... (...)
24.08.2022 | What had happened? During maintenance work on the cooling shelves in a supermarket branch of the defendant, the mechanic commissioned to carry out the work left a piece of sheet metal that was about one meter long lying on the tiled floor in front of the shelf. The plaintiff,... (...)
07.07.2022 | Section 126 of the Austrian Criminal Code (Strafgesetzbuch, StGB) regulates serious damage to property. This is the case, among other things, if the property damaged is an essental part of the critical infrastructure (Section 126 (1) subparagraph 5 of the Austrian Criminal... (...)
25.05.2022 | What had happened? The plaintiff is the son of the deceased, the defendant his brother. The deceased had appointed the defendant as sole heir by will and reduced the plaintiff’s compulsory portion to half. After the plaintiff’s marriage in 2005, the contact, which... (...)
15.04.2022 | What had happened? In order to watch surfers on the river, the supervising mother (the second defendant) stopped with her four-and-a-half-year-old child (the first defendant), his older brother and his cousin on a little-traveled bridge without a sidewalk. The child is... (...)
26.01.2022 | The question of whether detective costs are to be reimbursed in the context of divorce proceedings – and if so, by whom – regularly occupies the courts. Recently, the Austrian Supreme Court (Oberster Gerichtshof) had to deal with the following facts: On June 14,... (...)
08.12.2021 | Recently, the Austrian Supreme Court (Oberster Gerichtshof) ruled that a fleeing criminal must pay damages to a police officer who was injured while pursuing the criminal. What happened? In the course of a police stop during the Covid19 pandemic "curfew," police... (...)
31.10.2021 | At the time of the decision, the father of a minor child was serving a five-year prison sentence for, among other things, violent acts against his child and the child’s mother as well as other women. The child also had to witness the father’s violence against the... (...)
29.09.2021 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with questions of a child’s ability to support itself. The father of a minor child applied to be released from the obligation to pay monthly maintenance on the grounds that his child was... (...)
26.08.2021 | What happened? A man was a guest in a pub and obviously drank one or the other alcoholic beverage. On leaving the pub, he fell while descending a flight of stairs. The stairs were visibly blocked off at the top with a gate and were not safe to use for several reasons. The... (...)
20.07.2021 | Facts The plaintiff was in a fixed-term employment relationship with the defendant from 01.05.2019 until 30.04.2020. She was released by the defendant on 04.12.2019 for the remaining period of employment. The plaintiff rejected an agreement offered to her by the defendant... (...)
08.06.2021 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) once again dealt with questions of tort law. What happened? A motorcyclist collided with a passenger car and sustained serious injuries. Due to these injuries, the motorcyclist was unable to help his... (...)
