Professor Rudolf Heinz Welser

Professional History

• Studied law; 1963: Doctor of Law.
• Court traineeship.
• Legal associate.
• University teaching assistant (civil proceedings and civil law).
• Qualified as university lecturer, University of Vienna.

1970: University Lecturer in Civil Law

• Offered appointments in Innsbruck, Linz and Vienna.

1971 to present: Professor of Civil Law and Chairman of the Institute of Civil Law, University of Vienna.

1967: Theodor Körner Prize.

1970: Kardinal Innitzer Prize.

1979: Walther Kastner Prize.

Professor Welser has many years of experience as a provider of advisory opinions and arbitrator in private law. For reasons of confidentiality, his personal details are not included in this resume.

Publications

1967-1990:

• More than 150 scholarly publications. Numerous monographs and journal articles.

1991:

• Doctors' liability under Austrian law. Lecture in honor of the 20^th Austrian Orthopaedic Convention, 24^th to 27^th May 1989. Published by the University Orthopaedic Clinic, Vienna. Vienna Medical Academy Press, 1991.
• Countermand provisos and partial termination agreements in instances of monetary payments by an employer, Das Recht der Arbeit (DrdA) [Labor Law] 1991, 1-8.
• Renunciation of future inheritance and donation upon death, Österreichische Notariatszeitung (NZ) [Austrian Notaries’ Journal]), 1991, 84 - 87.
• Outline of Civil Law, Volume II, 9^th edition (with H. Koziol).
• Genetic engineering and liability for damages, in: Genetic Technology under Austrian Law, study carried out for the Ministry of Science and Research, (Vienna 1991) 191 - 223.
• The new law of inheritance. Lecture to the Vienna Legal Association on 7^th November 1990, Juristische Blätter (JBl) [Journal of Law] 1991, 163.

1992:

• Monitoring of and liability for statements made in prospectuses pursuant to the Capital Market Act, ecolex 1992, 301 - 309.
• The two- and threefold importer, ecolex 1992, 471 - 472.
• Outline of Civil Law, Volume I, 9^th edition (with H. Koziol).

1993:

• Commentary regarding Supreme Court ruling 6 Ob 565/92 (fictitious expenditures on improvements as consequential harm caused by a defect), ecolex 1993, 377 – 379.
• Prior heir exempted from a number of otherwise applicable statutory restrictions; reversionary heir's action with a view to cancellation of an entry, NZ 1993, 140 - 143.
• Costs of litigation and liability of the heir for the debts of the estate, JBl 1993, 573 - 576.
• Warranties and damages: Priority and combination of claims; determination of damages, in: Current Problems in Corporate Law, publication in honor of Gerhard Frotz's 65^th birthday, 137 – 146.
• Compensation in kind or monetary compensation in instances of work defects, ecolex 1993, 233 -235. Ruling by the extended division of the court, and the reform of the warranty laws, Österreichische Juristenzeitung (ÖJZ) [Austrian Lawyers' Journal]1993, 753 - 759.

1994:

• Posterior tempore, potior iure! An incomprehensible ruling regarding double sale, NZ 1994, 73 - 78.
• Bequest of an item of property of another party, NZ 1994, 197 - 204.
• Law of inheritance. From inheritance to inheritance tax. Brochure issued by Creditanstalt Bankverein (with Professor Eduard Lechner). Part 1: Law of Inheritance, 15 - 96.
• Damages Instead of Guarantee: Implications of the Most Recent Court Rulings, (with Dr. Irene Welser), Manz 1994.
• Leaving the statutory forced share as a legacy, and settlement community pursuant to § 786 Section 2 of the General Civil Code , NZ 1994, 269 -273.

1995:

• Longer warranty, but with catches, Die Presse, 23^rd January 1995.
• Liability for damages associated with genetic engineering interventions on human beings (with Dr. Andreas Kletecka), Imago Hominis 1995, Volume II/No. 4, 285 - 289.
• The draft for a new warranty law, ecolex 1995, 11 – 18.
• Legal principles of investor protection, ecolex 1995, 79 - 82.
• The draft for a new warranty law, lecture to the Vienna Legal Association on 22^nd February 1995, ÖJZ 1995, 383 - 384.
• Outline of Civil Law, Volume I, 10^th edition (with H. Koziol).

1996:

• Liability arising from purchase agreements and work agreements. Warranty, guarantee, damages, product liability. Brochure for Creditanstalt Bankverein (with Dr. Irene Welser).
• Upcoming reform of Austrian warranty law. Selim Kaneti´ye Armagan. (Publication in honor of Selim Kaneti) 1996, 59 - 63.
• Outline of Civil Law, Volume II, 10^th edition (with H. Koziol).

1997:

• Overview of law of inheritance (§§ 531 - 824 of the General Civil Code) in: Commentary Regarding the General Civil Code, edited by Rummel, 3^rd edition.
• Proposal regarding and the EU directive concerning purchase of consumer goods, in: Law in Austria and Europe (publication in honor of Karl Hempel's 60^th birthday), 323 – 331.
• Regime of community of property between spouses upon death, and disposition inter vivos without remuneration, NZ 1997, 270 – 276.
• Implementation with regard to specific legal elements and the law of inheritance, NZ 1997, 345 –348.

1998:

• Proposals regarding new regulations concerning determination of the statutory forced share, NZ 1998, 40-48.

1999:

• The Y2k Problem (with Irene Welser) (Manz).

2000:

• Outline of Civil Law, Volume II, 11^th edition (with H. Koziol).
• Reform of the warranty law: The European directive concerning purchase of consumer goods and its implications for a new warranty law, 14. Österreichischer Juristentag (14. ÖJT) [Proceedings of the 14^th Austrian Lawyers' Convention] Volume II/1, Vienna 2000 (with Brigitta Jud), Manz 2000.
• A new Austrian warranty law: Proposal regarding a bill. Publication in honor of Robert Dittrich (2000) 507 ff.

2001:

• Reform of the law regarding granting of credit: Results of a survey among notaries, in: Commemorative issue of NZ for Winfried Kralik 2001, 105 ff.
• A new Austrian warranty law: Proposal regarding a bill, in: A Life Devoted to the Law, publication in honor of Robert Dittrich (2000).
• Warranty reform: Implications for the administration of justice. In: Regarding Commercial Law, publication in honor of Heinz Krejci's 60^th birthday (Verlag Österreich 2001).
• Schiele's painting Dead City III: A practice case. Special issue of NZ 2001 in honor of Professor Hans Hoyer's 65^th birthday.
• The new warranty law, ecolex 2001, 420.
• The new warranty (with Dr. Brigitta Jud), Manz Commentary (2001).
• Outline of Civil Law, Volume II, 12^th edition.
• Defects in construction services, warranties and damages, in Straube/Aicher (ed.), Handbook of Construction Contract Law and Construction Liability Law (2001).
• Form requirements/absence of form requirements in civil law (lecture given on 6^th June 2001). Series of publications published by the Ludwig Boltzmann Institute of Legal Uniformity.
• The consumer goods purchase directive and its implementation in Austria and Germany (lecture given in Freiburg on 12^th September 2001).

Assistant Professor Christian Rabl

Professional History

1989-1993: Studied law at the University of Vienna.

Since 1993: Assistant at the Institute of Civil Law, University of Vienna (Professor Welser).

1996: Doctor of Law.

Court traineeship.

1997: Juristische Blätter Prize.

Since 2001: Assistant Professor at the Institute of Civil Law, University of Vienna.

Publications

1996:

• § 777 and modifications to wills, NZ 1996, 49.

1997:

• The true heir's claims against the fiscal authorities with regard to use: Is the state's right of escheat justified? NZ 1997, 141.
• Creditor default and impossibility of performance attributable to both parties, JBl 1997, 488 – 502.
• § 1026 of the General Civil Code and bankruptcy of the authorized party, NZ 1997, 302 – 310.

1998:

• Damages Arising from Non-Performance, 150 pages, MANZ 1998.
• Comments regarding Supreme Court ruling dated 28^th October 1997, 4 Ob 276/97k, ecolex 1998, 123 – 124 (expiration of the power of attorney due to bankruptcy of the authorized party, and good-faith protection for the third party).
• The historical development of determination of the statutory forced share with regard to advancements and advances since the bills for the General Civil Code, NZ 1998, 7 – 15.
• Non-fulfillment of testamentary charges, NZ 1998, 97 – 107.
• Deposits, public auction of assets by the debtor when the creditor is in default with regard to acceptance, and surrender: Legal remedies when the creditor is in default with regard to acceptance of performance, ÖJZ 1998, 688-703.
• The start of the assigned period for providing notification regarding the manufacturer per § 1 Section 2 of the Product Liability Act, ecolex 1998, 758 – 759.

1999:

• Contents and purpose of the estate inventory, NZ 1999, 129-140.
• Liability of the dealer pursuant to the Product Liability Act, JBl 1999, 490-515.
• Donations with usufructuary proviso, and determination of donations, NZ 1999, 291-304.
• Changes to the law of inheritance arising from the first Federal Adjustment Act, NZ 1999, 229-230.
• Comments regarding Supreme Court ruling dated 24^th November 1998, 1 Ob 184/98k, ecolex 1999, 314-315 (scale of damages per the Product Liability Act).
• Comments regarding Supreme Court ruling dated 2^nd April 1998, 6 Ob 85/98p, NZ 1999, 156 (inventarization of a donated item).

2000:

• Co-wrote Outline of Civil Law, Volume II, 11^th edition (Damages and Law of Inheritance) (Koziol/Welser), MANZ 2000
• Quality defects that can be "partially rectified", ecolex 2000, 270-271
• Permissability of neglecting to provide maintenance during marriage, ÖJZ 2000, 591-600
• Comments regarding Supreme Court ruling dated 27^th October 1999, 7 Ob 238/99c, ecolex 2000/167 (damages associated with work defects)

2001:

• Old Will, New Will. The Interrelationship of Wills. 130 pages, Manz, April 2001.
• Co-wrote Outline of Civil Law, Volume II, 12^th edition (Koziol/Welser), MANZ 2000.
• More than one will, where the chronological sequence is unknown, NZ 2001, 48-59.
• 13 years of the Product Liability Act (overview of court rulings), ecolex 2001, 508-509.
• The ostensible manufacturer's liability per the Product Liability Act, ecolex 2001, 662-663.
• Comments regarding Supreme Court ruling dated 28^th March 2001, 7 Ob 49/01h, ecolex 2001/238 (ostensible manufacturer's liability associated with instruction errors).
• Review of Principles of Private Law Regarding Training and Business Practices, 4^th edition, P. Bydlinski, in JBl 2001/2002.