Publications  


Securing rights of apartment buyers following developer insolvency
ILO Newsletter, 18. Oktober 2013


The Property Developers Contracts Act aims to secure the rights of individuals who intend to buy newly built apartments. The act further aims to protect both the down payments made by buyers and such buyers´ rights in the event of a developer´s insolvency. In a recent judgment the Supreme Court ruled that the developer´s entitlements will transfer to the buyer exactly as they have already been held by the developer.
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Publications  


Supreme Court decision curbs consumers´ rights
ILO Newsletter, 13. September 2013

The Supreme Court was recently asked to assess whether a buyer of a house could rightfully initiate warranty claims against the seller by reason of defective insulation when the parties had confirmed in the purchase agreement that the exterior walls of the house had been damaged by moisture. The Consumer Protection Act provides that a consumer can waive its warranty claims only with regard to known defects.
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Publications  


Supreme Court defines limits for challenge of arbitrator in set-aside proceedings
ILO Newsletter, 12. September 2013

The Supreme Court recently ruled for the first time on an issue that has been fiercely debated among legal scholars - namely, whether (and to what extent) grounds for challenging an arbitrator can also be raised in set-aside proceedings. The court ruled that where a challenge becomes known after the arbitration award was issued, only "blatant" grounds can be invoked in set-aside proceedings.
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Publications  


Gesellschaftsrechts-Änderungsgesetz 2013
Eine Übersicht von Mag. Andreas Edlinger (Stand 1.8.2013)

Hinter dem Titel Gesellschaftsrechts-Änderungsgesetz 2013 (GesRÄG 2013) verbergen sich einige wichtige Neuerungen im GmbH-Recht.
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Supreme Court finds hidden-defect clauses in lease agreements valid
ILO Newsletter 6. September 2013

The Supreme Court recently ruled that under the terms of a lease agreement between a tenant and its landlord, the landlord was obliged solely to hand over the property in the condition as at the conclusion of the contract. Any necessary repairs for both existing and subsequently occurring defects were shifted effectively and validly to the tenant. As this also comprised hidden defects, any repairs were the tenant´s responsibility.
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