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General Terms and Conditions: Limitation of liability to the amount of the rental charge
24.03.2017A limitation of liability clause "In the event of slight negligence (except for personal injury), S *** is liable for the damage up to the amount of the agreed rental charge" provided in the general terms and conditions of a car rental company is valid.
Read moreClaim for damages against former charmain
24.03.2017§ 8 VerG provides for the (incurable) inadmissibility of a legal claim for damages by an association against its former chairman for alleged misconduct.
Read moreEU regulation makes it easier to take security measures against debtors
24.03.2017To date, in cross-border claims a creditor is confronted with an unknown enforcement procedure.
Read moreConsent to telephone and email advertisement
14.12.2016A consumer’s declaration of consent to telephone and e-mail advertising for the purpose of free participation in a competition is void, if this consent concerns a large number of companies.
Read moreGmbH & Co KG - Liability of the director of the partner GmbH
14.12.2016In accordance with § 25 GmbHG by analogy, the manager is directly responsible toward the "Komplementär-GmbH", if the "Komplementär-GmbH" acts exclusively in performance of the KG’s management duties.
Read moreImmoral Compensation clause in the articles of association
14.12.2016In case the memorandum of a GmbH does not contain any compensation clause for departing shareholders, a retiring shareholder is entitled to demand the current market value of his share.
Read moreNew law to fight wage and social dumping - LSD-BG
14.12.2016In Austrian Federal Law Gazette I 44/2016 new provisions were introduced to fight wage and social dumping.
Read moreTermination of a fixed-term employment contract
14.12.2016A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended.
Read moreAcquisition of an overpayment in good faith
14.12.2016If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith.
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