Helmut Ofner

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Helmut Ofner (born April 29, 1961 in Vienna ) is an Austrian lawyer . He is a professor at the Law Faculty of the University of Vienna and head of the Institute for European Law, International Law and Comparative Law.

biography

Ofner attended school in Vienna and graduated in 1979 from the Bundesrealgymnasium Vienna XVIII - Schopenhauer Gymnasium. He studied law at the University of Vienna (Dr. iur. 1983). In 1984/85 he completed a postgraduate master’s degree at the University of Trier (LL.M 1985). In 1998 he completed his habilitation in civil law, private international law and comparative law with a comparative law thesis on the division of assets in the event of divorce.

From 1998 to 2005 Ofner was an associate professor at the Institute for Comparative Law at the University of Vienna. From 1999 to 2003 he held the function of deputy chairman of the faculty board. In 2005 he was appointed professor for civil law, international private law and comparative law at the law faculty of the University of Vienna .

Ofner has worked for the Law Faculty of the University of Vienna since 2006 as Vice-Program Manager for the diploma and doctoral studies. Furthermore, since 2008 he has been chairman of the Institute for European Law, International Law and Comparative Law of the Law Faculty of the University of Vienna. Since 2006 he has been deputy chairman of the arbitration commission of the University of Vienna.

Ofner has been running an ERASMUS + program since 1998 , which currently includes 20 foreign universities and offers 55 exchange places. The partner universities include: University of Edinburgh , Queen Mary - University of London , Paris I - Sorbonne , University of Utrecht . From 2017 to 2019 he also headed an ERASMUS Int program with the National University of Seoul .

Since 2016 Ofner has been the head of the postgraduate master’s degree in residential and real estate law at the University of Vienna, which he founded and which is offered as an LL.M. program for law graduates and as an MLS program for graduates in business or technical fields. The content to be imparted in the university course ranges from tenancy and condominium law, through brokerage, construction and neighboring law to tax and fee law. In addition to this, business framework conditions and the rules of real estate valuation are also part of the course. As part of this course, there has been a cooperation with the University of Miami since 2019 .

In addition, Ofner has been editor-in-chief of the journal for European law, international private law and comparative law (ZfRV) of Manz Verlag since 2008 . The ZfRV was founded by Fritz Schwind and is a journal in the field of comparative law, IPR / IZVR and European law.

Ofner has been organizing the Vienna Real Estate and Tenancy Law Day (WIMT) since 2014. This event offers a condensed overview of current developments and innovations in real estate and tenancy law. The 5th WIMT was attended by 1,200 registered participants and took place in the Vienna Hofburg .

Ofner has been a permanent columnist for the CliniCum series of the Medizin Austria Verlag since 2010 . In addition, he has repeatedly worked as a consultant, lecturer and expert. Since 2010 he has also been a member of the advisory committee for clarifying open provenance issues at the Leopold Museum Private Foundation (“Michalek Commission”). In 2014, together with Clemens Jabloner and Franz Stefan Meissel, he formed the “ Legal Expert Team of the Klimt / Vienna 1900 Foundation”, whose recommendation led to the private restitution of the Klimt portrait by Gertrude Löw .

Publications (selection)

  • The fact of sale of § 12 Abs. 3 MRG in the mirror of the jurisprudence, WoBl 1989, 8, 37.
  • Requirements for the existence of a conclusive choice of law and acceptance of validity according to § 35 IPRG, ZfRV 1995, 148.
  • Section 46a MRG and the relevant time for the calculation, ÖJZ 1997, 925.
  • New regulation of international contract law, RdW 1999, 2.
  • Revocation of a private foundation by the trustee of the founder, NZ 2001, 270.
  • E-Commerce - Latest Standards for International Private Law in Computer Science 2001, Business and Science in the Network Economy - Visions and Reality II, 994–1002 (together with Univ.-Ass. Dr. Thomas Menzel).
  • Schwimann, large commentary on ABGB IV, 2nd edition (2001): §§ 1, 3–6, 23–24c WEG.
  • Extraction and utilization of human body substances from surgical interventions in Kopetzki / Mayer, Biotechnologie und Recht (2002) 185–199.
  • Personal and Institutional Liability in Normal Tissue Reactions in Radiotherapy and Oncology (2002) 43–49 (together with Ass.-Prof. Dr. Alexandra Resch-Holeczke).
  • International private law in road traffic accidents with special consideration of the Hague Road Traffic Agreement in Fucik / Hartl / Schlosser, Handbook of Traffic Accidents VIII (1st edition 2005, 2nd edition 2012) 347–370.
  • Medical liability and medical information obligation in gynecology, Speculum 2005, 8–11.
  • Legal representation for the mentally ill and the mentally handicapped in an international comparison - a model analysis, ÖJZ 2005, 775–785.
  • The Rome II Regulation, New International Private Law for Non-Contractual Obligations in the European Union, ZfRV 2008, 13–28.
  • Profit skimming and functionally similar instruments in Reiffenstein / Pirker-Hörmann, Deficits collective legal enforcement (2009) 59–92.
  • Can technical defects in exceptional circumstances acc. Art 5 (3) of Regulation 261/2004 form in FS for Manfred Straube (2009) 533–555.
  • Marriage rights compensation in the event of the death of a spouse? in FS 200 years ABGB (2011) 513 -528.
  • Assessment of car wrecks as part of the damage calculation - an overview in FS for Josef Aicher (2012) 515-531.
  • When is a medical consultation in good time? In FS for Attila Fenyves (2013) 271-281.
  • Festschrift 50 years ZfRV, Verlag Manz (2013), publisher (together with Fritz Schwind , Hans Hoyer).
  • Schwimann, ABGB Praxiskommentar IV, LexisNexis Verlag (2nd edition 2006, 3rd edition 2014): §§ 922–933b ABGB (warranty).
  • The consumer protection right against unfair business practices in Müller-Graff (Ed.), Encyclopedia Europarecht IV, European Economic Regulation (2015) 815-860.
  • Fundamental terms in law (together with Franz-Stefan Meissel , Bettina Perthold-Stoitzner, Michaela Windisch-Graetz ), Manz Verlag (1st edition 2010, 3rd edition 2016).
  • Schwimann, ABGB Taschenkommentar, LexisNexis Verlag (1st edition 2010, 4th edition 2017): §§ 1346–1362 ABGB (guarantee).
  • General commentary (GeKo) Wohnrecht II (2019) Sections 1, 2, 4, 7–9, 37–42, 47, 49 WEG.

Web links

Individual evidence

  1. A master’s degree as a success story. In: Real Estate Magazine . Accessed March 31, 2020.
  2. Klimt Foundation nominates expert commission. In: Wiener Zeitung. Accessed March 31, 2020.
  3. A good overview. In: Immo Kurier . Accessed March 31, 2020.
  4. Vienna Real Estate and Tenancy Law Day. In Immo Kurier . Accessed March 31, 2020.
  5. Covid 19 and tenancy law , In Immo Kurier . Retrieved April 20, 2020.
personal data
SURNAME Ofner, Helmut
BRIEF DESCRIPTION Austrian lawyer and university professor
DATE OF BIRTH April 29, 1961
PLACE OF BIRTH Vienna