PUBLICATIONS

Type: Article
Published: 2013 Zeitschrift für Familien- und Erbrecht (EF-Z) 244
Language: German

The article analyzes the legal situation when a guardian acts on behalf of the ward regarding the wards‘ personal sphere (part 1).

Type: Article
Published: 2014 Zeitschrift für Familien- und Erbrecht (EF-Z) 14
Language: German

The article analyzes the legal situation when a guardian acts on behalf of the ward regarding the wards‘ personal sphere (part 2).

Type: Article
Published: 2014/2015 Juristische Ausbildung und Praxisvorbereitung (JAP) 40
Language: German

The article deals with the implementation of the EU Consumer Rights Directive and analyzes the amendments to the Consumer Protection Act, the Civil Code and the newly passed Act on Long-Distance Transactions.

Type: Article
Published: 2014 Österreichische Blätter für Gewerblichen Rechtschutz und Urheberrecht (ÖBl) 200
Language: German

The article deals with the post-mortem protection of one´s own image set out in section 78 Copyright Act and the first Supreme Court decision clarifying its application. The article argues that section 78 primarily serves to protect the interests of the deceased (preservation of memory and life image) and not the ones of the heirs.

Type: Case Comment
Published: 2015 Zeitschrift für Familien- und Erbrecht (EF-Z) 78
Language: German

Case comment on the issue of the exercise of custody by a father imprisoned abroad.

Type: Article
Published: 2015 Zeitschrift für Familien- und Erbrecht (EF-Z) 101
Language: German

The increase in potentially fatal diseases such as measles has led to an emotionally charged debate between advocates and opponents of immunization. This article analyzes whether parents endanger the best interests of the child by refusing preventive measures such as vaccinations.

Type: Article
Published: 2015 Wohnrechtliche Blätter (wobl) 293
Language: German

This article analyzes the case law regarding the right of tenants to review and challenge utility bills and service charges and derives generally applicable principles.

Type: Chapter in Book
Published: in Handbuch Familienrecht (Handbook of Family Law) 215 (Astrid Deixler-Hübner ed., 2015)
Language: German

Analysis and systematic illustration of the law of parentage of the Civil Code and related provisions.

Type: Article
Published: 2016 Österreichische Juristenzeitung (ÖJZ) 101
Language: German

Article on the interpretation of sec. 970 et seq., 1316 Civil Code and the Act on the Tort Liability of Innkeepers and alike Enterprises.

Type: Case Comment
Published: 2016 Evidenzblatt der Rechtsmittelentscheidungen in Österreichische Juristenzeitung (EvBl) 125
Language: German

Case comment on the possibility of a motion for interim judgment determining paternity as a preliminary question in the proceedings for recovery of paid child support by the alleged father.

Type: Article
Published: 2017 Juristische Blätter (JBl) 617
Language: German

The article sets out a dogmatic foundation for the post-mortem protection of personality rights and deals with the interpretation of ec. 77, 78 and 87 para 2 Copyright Act. It is argued that memory and life image left by the deceased are legally protected, so that third parties (chosen by the deceased or in default thereof the heirs themselves) can exercise the post-mortem protection in various ways.

Type: Commentary/Chapter in Book
Published: in Großkommentar zum ABGB (Commentary on the Civil Code) (Attila Fenyves, Ferdinand Kerschner & Andreas Vonkilch eds., 3rd ed. complete rewrite, 2017) (together with Prof. Constanze Fischer-Czermak)
Language: German

Commentary on provisions of the Civil Code on wills (characteristics, components, construction and interpretation, capacity, undue influence, mistake, validity). The commentary takes into account both the old and the new legal situation before and after the enactment of a major amendment in January 2017.

Type: Case Comment
Published: 2017 Evidenzblatt der Rechtsmittelentscheidungen in Österreichische Juristenzeitung (EvBl) 915
Language: German

Case comment on the possibility of a determination of paternity after the death of the alleged father and the duty to co-operate of his relatives pursuant to sec. 85 of the Statute on Non-Adversarial Proceedings.

Type: Article
Published: 2018 immolex 10 (together with Gernot Wilfling)
Language: German

The article analyzes the case law on the term “building” in the context of property law and so-called superaedificia (buildings on land owned by third parties). Another part is devoted to the question on how superaedifica can be used as a collateral.

Type: Didactic Article
Published: 2017/2018 Juristische Ausbildung und Praxisvorbereitung (JAP) 171
Language: German

Written diploma exam on private law, held at the Faculty of Law of the University of Vienna in April 2016 with a focus on property and the law of succession including a sample solution.

Type: Book
Published: 2018, Verlag Österreich (xvii + 204 pages)
Language: German

This book examines the legal issues arising from the post-mortem protection of personality rights. Alongside an historical review, protective purpose, dogmatic principles, scope, locus standi, term of protection and legal consequences are considered. All court decisions based upon these issues are included in the analysis. It is argued that memory and life image (remembrance) left by the deceased are legally protected, so that third parties (chosen by the deceased or in default thereof the heirs themselves) can exercise the post-mortem protection in various ways. Furthermore, the book includes remarks on the “digital estate” and deals with the descendibility of digital property like Facebook accounts and alike.

Type: Commentary/Chapter in Book
Published: in Kommentar zum AußStrG (Commentary on the AußStrG) (Birgit Schneider, Stephan Verweijen eds., 2019)
Language: German

Commentary on the procedural provisions of the law of descent in the AußStrG dealing with the acknowledgment of paternity, special procedural provisions, legal standing, reimbursement of costs, duties to cooperate, proof of paternity).

Type: Article
Published: 2019 Gewerblicher Rechtsschutz und Urheberrecht (GRUR) 476
Language: German

Dealing with the monistic model of copyright in German law, Austrian law and the Revised Berne Convention, the article analyzes the consequences of the particularities of moral rights after the death of the author. It is argued that the legal successors of the author are bound by the interests of the deceased. In addition, it is shown that the protection of moral rights can be asserted during the entire term of copyright protection.

Link

Type: Article
Published: 2019 University of Vienna Law Review (VLR) 1
Language: English

Dealing with the monistic model of copyright in German law, Austrian law and the Revised Berne Convention, the article analyzes the consequences of the particularities of moral rights after the death of the author. It is argued that the legal successors of the author are bound by the interests of the deceased. In addition, it is shown that the protection of moral rights can be asserted during the entire term of copyright protection. This article is an extended version of publication no. 18. One of the additions includes a comparative view on the U.S. Visual Artists Rights Act.

Link

Type: Chapter in Casebook
Published: Österreich Casebook (Austrian Casebook on Private Law) (Stefan Perner, Martin Spitzer & Georg Kodek eds., 2nd ed. complete rewrite, 2019)
Language: German

25 cases introducing students to private law (terms and definitions, methodology, private law subjects) including a sample solution and didactic comments based on recent decisions of the Supreme Court. The cases deal, among other things, with the distinction between private law and public law, the methods of statutory interpretation, personality rights and legal capacity.