OGH: Zum Umfang der Streitbereinigung eines Abfindungsvergleich.

The article discusses a ruling by the Supreme Court (OGH) regarding the scope of settlement agreement resolution. The court decided that the resolution effect of a settlement agreement only extends to already known or foreseeable consequences in case of doubt. In the specific case, the question was whether the possible development of liver cancer for the plaintiff was foreseeable at the time of the settlement. The appellate court confirmed the decision of the lower court that the development of liver cancer was not foreseeable for the plaintiff. The appeal was allowed, as there is no decision by the highest court regarding the question of a gross disproportion between the total damage and the settlement amount in the event of an unforeseeable consequence.

LEGAL settlement; LEGAL judgments; APPELLATE courts; LIVER cancer; CARCINOGENESIS

Journal für Medizin- und Gesundheitsrecht (JMG), 2024, Vol 9, Issue 3, p214

2415-6868

Academic Journal

10.33196/jmg202403021401