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Victory at the ELSA Moot Court Civil Law

At this year’s Moot Court Civil Law, organized by ELSA (European Law Students Association) Linz in cooperation with the JKU, the team supervised by Michael Haiböck, consisting of Bastian Brandtner and Alexander Hofstadler, was able to win. Subsequently, participation in the national final is now on the agenda.

As part of the Moot Court Civil Law, students slip into the role of a lawyer and file appeals or responses to appeals on proceedings currently pending before the Supreme Court.

The case in question dealt with the interesting and controversial question of whether the one-year preclusive period of § 1111 ABGB, which requires a landlord to assert claims for damages and liability against the tenant within one year after restitution, displaces the 30-year objective limitation period of § 1489 sentence 2 ABGB. The Supreme Court has now ruled in the landmark decision of November 22nd, 2022, 4 Ob 122/22b, which has now also been published, that the preclusive period takes precedence in the case of tenancy relationships, so that even damages caused more than 30 years ago can be claimed within one year of restitution.


This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.


13. February 2023

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