Beiträge zum Schlagwort: Austria
Übersicht der auf law-experts.at veröffentlichten Beiträge zum Schlagwort Austria.
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About Copyright in Austria
Veröffentlicht am 21 March 2017About Copyright in Austria The copyright is a subjective and absolute right to a so-called “work”, and grants powers to act. It grants the originator an indivisible, indispensable and inalienable package of exclusive rights and is not transferable. In spite of the non-transferability of the... -
Practical tips for “house builders” and purchasers of apartments
Veröffentlicht am 21 March 2017Practical tips for “house builders” and purchasers of apartments Everyone has heard about it: the lawsuits and tales of woe of well-known builders. If a problem occurs, it often appears as if, with some house building projects, the “streaks of bad luck” and the problems facing the builder can no... -
Peculiarities of consumer transactions in Austria
Veröffentlicht am 21 March 2017Peculiarities of consumer transactions in Austria Pursuant to Sec. 8(1) of the Austrian Consumer Protection Act (KSchG), the trader has to fulfil its obligation to improve or exchange the item at the location at which the item was handed over (place of transfer) or wherever the item was delivered... -
General Terms and Conditions of Business, a disregarded species!
Veröffentlicht am 21 March 2017General Terms and Conditions of Business, a disregarded species! Although millions of legal transactions are concluded based on General Terms and Conditions of Business every day, and the transaction volume, in this respect, probably falls within the billion range, many companies still use... -
When is a self-employed person/entrepreneur to be deemed a dependent employee?
Veröffentlicht am 21 March 2017When is a self-employed person/entrepreneur to be deemed a dependent employee? In regard to the delimitation between self-employment and being an employee or having an employee-like job relationship, the following usual generally recognised meanings in employment law are to be taken as... -
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... -
Commercial agency agreements: Duration of the contractual relationship
Veröffentlicht am 21 March 2017Commercial agency agreements: Duration of the contractual relationship Commercial agency agreements can be concluded for both a definite and an indefinite period of time. When concluding a fixed-term contract, the contractual relationship is for a limited duration, i.e. the future dissolution of... -
What is to be borne in mind when dealing with trade secrets?
Veröffentlicht am 21 March 2017What is to be borne in mind when dealing with trade secrets? Essentially, a business or trade secret is understood to mean anything that is not generally known and in regard to the confidentiality of which the employer has an objective interest. That is usually information to which an employee is... -
Solicitor in Austria, Barrister, Lawyers Austria
Veröffentlicht am 20 February 2017Your Attorney / Solicitor in Austria, Lawyers Austria - Law Experts Austria Law Experts Austrian Attorneys-at-Law represent you before all courts and authorities in the Republic of Austria. We are registered in the list of Austrian Attorneys (www.rechtsanwaelte.at). We will be glad to advise you... -
What information reporting obligations does the commercial agent have vis-à-vis the principal?
Veröffentlicht am 21 March 2017What information reporting obligations does the commercial agent have vis-à-vis the principal? Sec. 5 of the Austrian Commercial Agency Act (HVertrG) explicitly stipulates information reporting obligations of the commercial agent vis-à-vis the principal. The “notifications required” in the course... -
General remarks on the claims of a commercial agent to commission
Veröffentlicht am 13 April 2017General remarks on the claims of a commercial agent to commission The principal and the commercial agent shall be free to set the amount of the commission in the commercial agency agreement at any level. The claim to commission shall arise at the latest once the customer has fulfilled its part... -
Periods of limitation for claims arising from commercial agency agreements in Austria
Veröffentlicht am 13 April 2017Points worthy of note in regard to periods of limitation for claims arising from commercial agency agreements in Austria Any claims arising from the contractual relationship between the principal and the commercial agent shall become statute-barred after three years. This is stipulated by Sec.... -
Commercial agency agreements: When does an entitlement to dissolve the contractual relationship immediately exist?
Veröffentlicht am 13 April 2017Commercial agency agreements: When does an entitlement to dissolve the contractual relationship immediately exist? Commercial agency agreements create ongoing obligations. Under Austrian law, it is the case that any ongoing obligations can be dissolved immediately if an “important reason” exists.... -
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... -
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... -
About the CMR, Application of the CMR-Convention
Veröffentlicht am 13 April 2017About the CMR, Application of the CMR-Convention “CMR” is the abbreviation of the French title for the “Convention on the Contract for the International Carriage of Goods by Road”. This convention is an international treaty, which has the status of a law in Austria. That means that the convention... -
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... -
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... -
Regarding “electronic shackles”
Veröffentlicht am 13 April 2017Regarding “electronic shackles” in Austria What is understood in everyday language by the term “electronic shackles” is regulated by the Law on the Penal System (StGV) under the heading of “enforcing a sentence by means of electronically monitored house arrest”. Since 1 September 2010 convicts...
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