Saturday, 19. April 2014
26. 10. 12. - 15:00
Article 1325 of the Austrian Civil Code allows the possibility to claim compensation for physical and emotional suffering.
It is a valid offer, as emotional distress can often seem far more cruel than any physical pain, especially if the suffering was at the hands of those who are closest - namely family.
But in one of those curious anomalies that is the legal system in practice this is not always as straightforward as it seems.
Take for example the case of one woman who told the Austrian Supreme Court she was suffering from insomnia, headaches, anxiety attacks and depression and psychosis as a result of her husband's adultery.
Experts testified that her emotional suffering and even the sudden onset of skin cancer were caused by the adulterous behaviour of her husband.
But the court threw out the case - ruling that a spouse cannot claim compensation for emotional suffering against their partner if it is caused by the adultery.
The reason is that the court views marriage as a dissolvable relationship - meaning the injured party was only entitled to claim back the expenses in exposing that affair, for example though the hiring of a detective.
However the relationship between a parent and child is not viewed by the courts as dissolvable, but rather as permanent. That means that in contrast to the marriage where it is possible to "dissolve" the suffering through divorce / separation, the parent-child relationship is permanent and therefore the suffering cannot be dissolved.
Therefore compensation for emotional suffering could be due if one parent denies the contact of the other parent to the child, without good reason.
That is now being tested in a case here in Austria in which a father suffered from a diagnosable mental illness because the other parent influenced the child negatively in encouraging them to severe ties with their father.
In the pending lawsuit the dad claimed compensation for emotional suffering because the mother denied him contact to the child. An expert opinion confirmed that the father suffered from a diagnosable mental illness because the mother blocked him from seeing his child.
The judgement will be passed soon.
Austrian Times columnist Matthias Loinig is a legal correspondent and campaigner for more transparency and fairness in family law in Austria. One of the main areas he specialises in is the often obscure decisions by courts of custody - in particular over the tendency to favour the mother at the cost of the father. He is now a veteran campaigner with extensive experience of the justice system and works with a team of legal professionals recognised as the most experienced and skilled family law practitioners in Austria. He has worked towards resolutions for many parents and children, especially in cases where the parents have an immigration background, and is now a columnist for the Austrian Times Group.
Pink Easter bunny helps Vienna art world pay tribute to Dürer
The Viennese art world has created its own version of the Easter Bunny – by making a giant sized sculpture of the famous Albrecht Dürer painting currently on display until 29 June as part of the exhibition "Dürer, Michelangelo, Rubens"
Pressure Group To Tackle Victims Of Austrian Officialdom
A group of businessmen fed up at the way companies are being squeezed not only by red tape but also by ever newer taxes have taken to the Internet to try and build up pressure for change.
First Hotel in Millstatt Celebrates 130th Anniversary on Summer 2014
Luxury hotel See-Villa in Millstatt, Carinthia opens its doors anew to welcome the 2014 summer season and celebrates its 130th founding anniversary in Austria's summer capital.
Austrian Teen Girls Become Pin Ups For Syrian Jihad
Interpol is searching for two Austrian teenage girls who they believe have been tricked into going to Syria to fight on the side of Islamic rebels.
As seen at Haydn Kino: The Amazing Spider-Man 2
Film review by Kostyantyn Steblovskyy
Schools Ordered To Save, But Also To Buy Expensive Scales
Austria's embattled finance ministry has been dragged into a new scandal after it emerged that at the same time as demanding schools save 57 Millionen Euros, they were also expected to find an additional 3 million to buy an approved set of weighing scales.
OAP Hunts Down THIS Hit And Run Cyclist
Does anyone recognise this cyclist? If so you can get yourself 200 euros, and do a good deed in the process.
Property price rise continues
The price of property in Vienna has now spiralled so much that every 4th apartment comes with a price tag of 500,000 or more. And every second flat costs 300,000 or more.
Free Staff For One Person Companies - But Only In NÖ
Since the beginning of the year one-man-companies, the so called "Ein-Personen-Unternehmen" in Lower Austria have been entitled to help in the form of a free assistant.
What is on at Burg Kino this week? (18 April - 24 April)
This week at the Burg Kino on the Opernring the following films are showing:
The most popular stories –
last 7 days
|Austrian Teen Girls Become Pin Ups For Syrian Jihad|
|Turtle flies from Vienna to India to try his luck with the ladies|
|Austria Accused Of Ignoring Giant Nazi Swastika|
|Muslim Brotherhood leader denies move to Graz|
|Two teenage girls go missing as they fly from Austria to fight in Syria|
Why suffer in silence. Let off steam by letting our readers share your troubles. File your complaints about anything and everything here.
Our ombudsman David Rogers will try and help solve some of the problems from lazy civil servants through to incompetent companies – and at the very least the worst transgressors will end up in our weekly special report.