Grundbuchsrecht

Rechtsprechung

Grundbuchsrecht     

Unautorisierte Eigenwerbung mit fehlerhaften Ratings – Haftet die Ratingagentur? Gleichzeitig ein Beitrag zur Auslegung des § 1300 ABGB

Die jüngste Wirtschafts- und Finanzkrise hat die gro?e Bedeutung, die Ratingagenturen zukommt, deutlich gemacht. Vermehrt werden die Voraussetzungen diskutiert, bei deren Vorliegen Ratingagenturen für durch fehlerhafte Ratings verursachte Sch?den zur Haftung herangezogen werden k?nnen. Der folgende Beitrag untersucht die Grundlagen und m?glichen Grenzen einer solchen Haftung; dabei zeigt sich, dass die bereits dem Urbestand des ABGB angeh?rende Bestimmung des § 1300 ABGB in der Lage ist, auch derart neue Sachverhaltskonstellationen zu bew?ltigen. Schlie?lich werden die gewonnenen Erkenntnisse dazu herangezogen, einen aktuellen, komplex gelagerten Fall n?her zu analysieren.     

Zum Erfordernis der Beglaubigung von Unterschriften auf einer von einer Gemeinde errichteten Privaturkunde im Grundbuchsverfahren

Dem Erfordernis des § 31 Abs 2 GBG ist nicht entsprochen, wenn eine blo? privatrechtliche Erkl?rung einer Gemeinde vorliegt, die zwar nach den Vorschriften der einschl?gigen Gemeindeordnung privatrechtliche Wirksamkeit erzeugt, aber eben keine "Erkl?rung einer Beh?rde des Bundes oder des Landes" umfasst.     

Who Controls the Content of Supreme Court Opinions?

Conventional arguments identify either the median justice or the opinion author as the most influential justices in shaping the content of Supreme Court opinions. We develop a model of judicial decision making that suggests that opinions are likely to reflect the views of the median justice in the majority coalition. This result derives from two features of judicial decision making that have received little attention in previous models. The first is that in deciding a case, justices must resolve a concrete dispute, and that they may have preferences over which party wins the specific case confronting them. The second is that justices who are dissatisfied with an opinion are free to write concurrences (and dissents). We demonstrate that both features undermine the bargaining power of the Court's median and shift influence towards the coalition median. An empirical analysis of concurrence behavior provides significant support for the model.     

Quantitative analysis of proinflammatory cytokines (IL-1beta, IL-6, TNF-alpha) in human skin wounds

Proinflammatory cytokines play an important role in the mediation of inflammation and trauma. They could be useful for the determination of vitality and wound age. In the present study, 144 human skin wounds due to sharp force were investigated. The material was collected during operations (N=96) and postmortem examinations (N=48). The wound age varied from several seconds or minutes to 9 days. Control skin was available in each individual. The tissue specimens were homogenized and extracted in a solution of PBS and protease inhibitors. Interleukin-1beta (IL-1beta), interleukin-6 (IL-6) and tumour necrosis factor alpha (TNF-alpha) were measured by quantitative ELISA analysis. Statistical evaluation was performed by the t-test using the quotients of levels (wound sample/control skin). In surgical specimens the cytokine levels revealed a clear tendency to increase with wound age. IL-1beta in early skin wounds (24 h, P<0.05). The quantitative analysis of proinflammatory cytokines in wound extracts can contribute to the determination of vitality and wound age, in particular in the very early post-traumatic interval (classic stab wounds).     

Self-interested aid: Belated modernization and interwoven interests between East and West

The paper starts with an explanation of the term self-interested aid. Next it presents a sequence of constellations of problems between East and West, in order to analyze interwoven interest, focussing on problems arising from international environmental pollution. Finally the consequences which arise from divergences between the interests in solving the problems of Eastern reform states on the one hand and the interests of the reform states in their own problems on the other are analyzed. Within international relations which are ruled by the logic of self-interested aid donors act rationally, if they organize support in such a way that the improvement of the situation in the recipients' country becomes a means for improvement of the situation in the donors' country. The recipients act rationally, if they try to use international aid to solve their purely internal problems, but try to preserve such problems that radiate over their borders, thus evoking international support.     

Inheritance,succession, and familial transfer in rural Westphalia, 1800–1900

This article compares property transfer contracts between generations in two Prussian parishes where marital law differed significantly in the 19th century. Our sources focus on two critical phases in peasants' life cycles at the time. Whereas young people could find the resources to settle down, the older generation had to plan for their retirement. Although sons had a better chance of inheriting the farm, female successors were not rare. A peasant daughter's overall prospects of becoming a peasant by inheriting her parent's farm or marrying a farm successor were almost as good as her brother's. The situation for older women, however, was subject to their legal standing with regards to marital property. When couples held joint marital property, men and women had the same opportunities to arrange for retirement. In contrast, when couples held separate marital property and male succession prevailed, older women were at an evident disadvantage.     

The invisible chain: niche inheritance and unequal social reproduction in preindustrial continental Europe

A central aspect of the demographic transition model is discussed: the “chain between inheritance and reproduction,” which many historical demographers claim has kept population and resources in balance during the preindustrial period. The basic mechanism is well known: Economic space is thought to be divided into a limited number of self-sufficient positions or niches; since marriage required possession—usually by inheritance—of one such niche, overpopulation was avoided. The existence of this chain in preindustrial continental Europe has generally been taken for granted, although little is known about its actual workings. As a discussion of classical and current research shows, the chain should not be understood as encompassing entire demoeconomic systems at any time or place. Rather, niche mechanisms are relevant for the behavior of specific social groups and as communal or other political strategies. The need for alternative explanations of sociobiographic inequality—such as the impact of kinship on life-course decisions and chances—is emphasized.