Fachgebiet
Lawyer for Contract Law
Contracts drafted, checked and enforced — worded precisely, before they turn into a dispute.
Almost every area of law runs on contracts, and no two are alike. The office insists on careful, precise wording in order to forestall difficulties later on. Your advantage is that, whatever the legal classification of your case and whatever the type of contract, you have a competent point of contact and legal representation before the courts.
Areas covered include
Tenancy law: leases of residential or commercial premises
Trade mark law, patent law, copyright: assignment agreements, licence agreements, franchise agreements
Employment law: contracts of employment, dismissals, works agreements (Betriebsvereinbarungen), rights of co-determination
Company law: articles of association, share and asset purchase agreements
Banking law: loan agreements, guarantees
Services and works: consultancy agreements, contracts for work
Succession law: advice in connection with an existing waiver of inheritance, waiver of the compulsory portion (Pflichtteil), transfer agreement, will, legacy
Marriage and divorce law: marriage contracts, partnership agreements, division of assets (separation of property)
Interpretation, the scope of what you have committed to and protection against liability all matter — but so does enforcing or resisting a contractual claim in court when it comes to that.
HÖLLWARTH advises you comprehensively on drawing up, reviewing and interpreting contractual rights and obligations.
- Contracts with partners and consumers abroad
- Cost estimates
- General terms and conditions
- warranty claims for defective performance
- breaches of contractual duty (e.g. default in performance and in acceptance on the part of the business partner, default in payment, retention of title)
- approval of purchase agreements by the Grundverkehrsbehörde (land transfer authority), and
- notification to the competent Finanzamt (tax office) regarding real estate transfer tax and property capital gains tax
There are also, very often, secondary contractual claims, such as
- subsequent performance
- withdrawal from and cancellation of the contract (cancellation fees, limitations or exclusions of liability, bad debts)
- price reduction
- damages, or the
- reimbursement of wasted (frustrated) expenditure
In tax matters in particular, a pool of external advisers is available to you; the firm works closely with tax consultancy firms.
So that the parties to a contract have the greatest possible transparency and security, all property transactions are handled through a lawyer’s escrow account registered with, and monitored by, the Vienna Bar Association. All property transactions are notified to the Rechtsanwaltskammer Wien and monitored by it.
Häufige Fragen
Is an oral contract valid?
As a rule, yes – there is no general form requirement. An oral contract binds just as a written one does. The problem lies in the proof: whoever relies on an agreement must be able to substantiate it. For certain transactions the law does prescribe a mandatory form, for example a Notariatsakt (notarial deed) for a gift without actual delivery.
When is a contract actually concluded?
As soon as the parties agree on the essential points – in a sale, therefore, on the goods and the price. An offer and a matching acceptance are needed. A price list or an advertisement is not yet an offer but only an invitation to make one; it becomes binding with your order and its acceptance.
Can I withdraw from a contract?
As a consumer, often yes: for contracts concluded at a distance or away from business premises there is a right of withdrawal of fourteen days, without giving reasons. Where goods are delivered, the period runs from receipt of the goods. If you were not properly informed of the right, the period is extended considerably. There is no general right of withdrawal for purchases made in a shop.
Do general terms and conditions automatically form part of the contract?
No. General terms and conditions apply only if they were referred to before the contract was concluded and the other side could reasonably take note of them. A reference that appears only on the invoice is not enough. In dealings with consumers, stricter requirements also apply to the transparency and intelligibility of the clauses.
What is a surprising or grossly disadvantageous clause?
Provisions in general terms and conditions that the other side did not have to expect in the circumstances do not become part of the contract – a hidden choice-of-venue clause in an unusual place, for instance. Independently of that, clauses that impose a heavily one-sided burden without objective justification are invalid. The courts examine both of their own motion.
What applies if there was a mistake when the contract was concluded?
A contract can be challenged if you were mistaken about an essential point and the mistake was caused by the other side, must obviously have been apparent to it from the circumstances, or was still cleared up in good time. A mere mistake as to motive – a disappointed expectation, say – does not as a rule give grounds for challenging the contract.
What rights do I have if performance is defective?
First you can demand repair or replacement. Only if that is impossible, disproportionate or has failed do a price reduction or – where the defects are not minor – rescission of the contract come into consideration. The warranty period is two years for movable property and three years for immovable property, running from handover.
Can I claim damages as well?
Yes, the two do not exclude one another. Warranty rights exist irrespective of fault and make good the defect itself. Damages require fault and cover consequential loss going beyond it – lost profit, business interruption or the cost of a replacement purchase, for instance. Damages are subject to their own limitation period, which runs independently of the warranty.
What happens in the event of default in payment?
Default interest can be claimed from the due date. Between businesses the statutory rate is well above the general rate, and a flat-rate sum for collection costs is payable in addition. If payment is still not made after a reasonable further period, the contract can be rescinded. A written reminder you can prove you sent, with a deadline is the basis for every further step.
Can I end a continuing contract early?
With continuing obligations of indefinite duration, ordinary termination on the agreed notice period is possible. Independently of that, extraordinary termination for good cause is open to you where continuing the contract has become unreasonable – after a serious breach of trust, for example. This right cannot effectively be excluded by contract.
What is the difference between a contract for work and a contract of service?
A contract for work (Werkvertrag) owes a particular result – the finished work – whereas a contract of service (Dienstvertrag) owes only careful effort over a period of time. Warranty, liability, social insurance and tax all hang on this. What counts is not the label in the contract but how it is actually performed; a wrong classification regularly leads to back payments.
When do contractual claims become time-barred?
The general limitation period is thirty years, but the short period of three years applies to the claims that matter most in practice – payment for goods and services, fees and interest, for example. The period starts when the claim falls due. It is interrupted by acknowledgement on the part of the debtor or by an action in court, not by mere reminders.
Which law applies to contracts with partners abroad?
As a rule the law the parties agree on – a choice-of-law clause therefore belongs in every cross-border contract, together with a provision on jurisdiction. If no choice is made, statutory connecting rules decide. Towards consumers the choice of law is limited: the mandatory protective provisions of their country of residence remain applicable.
Is a contract concluded by email legally valid?
Yes, wherever no particular form is prescribed – an exchange of emails with matching declarations creates a valid contract. Where the law or the contract requires written form, a simple email is not enough; that calls for a handwritten signature or a qualified electronic signature. Check any agreed written-form clause before making changes by email.