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Banking Terms and Conditions

06/30/2022

ARS Seminar center Vienna

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Speaker

Gregor Schett

Partner

Veronika Seronova

Attorney at Law

Get a comprehensive overview of the legal regulations that must be observed when drafting and amending general terms and conditions. Discuss current questions of doubt and future prospects with fwp partner Gregor Schett, fwp lawyer Veronika Seronova and Valeska Grond-Szucsich from the Association of Austrian Banks and Bankers.

Contents:
  • Which clauses can be reviewed for their effectiveness in an association lawsuit?
    • Contract form sheets, terms and conditions, price sheets, notices
    • also notices or letters?
  • Interpretation hostile to customers in association proceedings
    • Surprising and unpredictable argumentation of the courts for the invalidity of a clause
    • Legal consequences of association rulings (active obligation to refund?)
  • Legal basis for the drafting of contractual clauses
    • ABGB, KSchG, special laws
  • Legal consequences of invalidity of contractual clauses
    • Reduction by operation of law?
    • Recourse to the law?
    • Supplementary interpretation of contract?
  • Case law on inclusion clauses
    • Agreement of terms and conditions and price sheets in banking contracts
    • Dynamic references
  • Jurisprudence on clauses concerning changes in terms and conditions/services/charges/ interest
    • Fictitious consent - change notice as solution?
    • CPI Adjustment
  • Jurisprudence on confirmations of facts
    • Confirmation of receipt or knowledge of documents
    • Reversal of burden of proof
  • Case law on invalid charges
    • Presentation of selected charges
    • Possibilities of remediation?
  • Case law on reminder fees and interest on arrears
  • Jurisprudence on AGB lien and realisation of lien
  • Jurisprudence on limitations of liability
    • References to legal provisions
    • Liability under the ZaDiG
  • Case law on other current topics in the areas of
    • Payment services
    • Credit agreements
    • Securities
  • Discussion of solutions


Programme and registration

Speaker

Gregor Schett

Partner

Veronika Seronova

Attorney at Law