Is it permissible to monitor one’s spouse?

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... (...)

Is it permissible to sign a will with a pen guided by the mouth?

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... (...)

Can a caregiver and her husband inherit from the cared-for person?

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.... (...)

Waiver of right of way when stopping at the intersection

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... (...)

Are police vehicles part of the critical infrastructure?

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... (...)

Fleeing from the police can be expensive

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... (...)

Does an imprisoned father have the right to see his child?

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... (...)

How long is a child entitled to maintenance?

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... (...)

Is a drunk injured person guilty of contributory negligence?

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... (...)

About the scope of a claim for damages

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... (...)