Immorality (ABGB)

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The Austrian General Civil Code (ABGB) provides for the regulation of immoral contracts in § 879 ABGB. The origins of this regulation go back to the previously applicable general land law. The Austrian regulation is also to be understood as a general clause and is also intended as a standard that should enable the user of the law to apply the basic ideas of the legal system even if there is no concrete legal regulation. The responsibility incumbent on the judge with such a general clause and the trust in the judges to fulfill this responsibility goes back to the Austrian lawyer Karl Anton von Martini . In Austria, immorality is thought of as a sub-category of illegality for cases that are not expressly regulated in the law and thus serves to close loopholes .

Individual evidence

  1. Heinz Barta et al., Online textbook civil law , Chapter 11. E., Law and Sethwidrigkeit