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“Grazer Praxiskommentar” on the professional law of attorneys and notaries public

Professional law is of considerable importance especially in the classical legal professions of attorneys and notaries. The newly published “Grazer Praxiskommentar” covers all essential professional regulations for attorneys and notaries. The commentary, published by Verlag Österreich and edited by Gernot Murko and Bettina Nunner-Krautgasser, is dedicated to all current legal issues concerning the exercise of the profession after the BRÄG 2022, taking into account the case law of the highest courts. Practical checklists and tips complete the work, which should not be missing in any lawyer’s or notary’s office. Petra Cernochova (together with Bernhard Fink) is responsible for the commentary on the Lawyers’ Bar Exam Act (RAPG) as well as §§ 13-16 and 22-23 of the Code of Professional Conduct for Attorneys 2015 (RL-BA 2015) concerning financial governance and professional fees as well as the assumption of substitutions for domestic and foreign lawyers.

Comment available here>>

Analysis of a decision on rape under travel law

In the United Kingdom, the case of X v Kuoni concerning the rape of a traveller by an electrician employed by the hotel, in which the ECJ ruled for the first time on the concept of a supplier of services and on liability for injury caused by a hotel employee, has caused a great stir and will probably have a lasting influence on case law there:

The UK Supreme Court concluded that there had been a breach of duty in the provision of travel services attributable to the package organiser and that the package organiser was therefore liable for the damages associated with the rape.

In a contribution to the new “International Journal of Tourism, Travel and Hospitality Law”, Michael Wukoschitz examines whether this decision will also change the liability of tour operators in the EU (of which the UK is no longer a member). The analysis takes into account that the CJEU decision was issued in the context of the Package Travel Directive 1990, which has since been replaced by the Package Travel Directive 2015, the liability rules of which differ significantly from the previous legal situation.

A pre-print version of the article is available online here>>

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