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26 Susanna Hirsch minor age, an application of the rules on the capacity to contract on the one hand and of those on tort responsibility on the other hand is considered. a) Irrelevance of minor age 94 Especially in the earlier legal literature,103 it is held that a minor would be generally able to establish the legal status of a keeper on his own and without the knowledge of his legal representative – independently of his capacity to contract and his tort responsibility. e. 105 However, this opinion is heavily objected to in the more recent doctrine106 for good reason.

A. Konecny, Restschuldbefreiung bei insolventen natürlichen Personen, [1994] Österreichisches Bankarchiv (ÖBA), 911 et seq. Children as Tortfeasors under Austrian Law 39 If a settlement out of court cannot be obtained, the bankruptcy law provides for compulsory settlement. While entrepreneurs have to offer to pay at least 20 percent of their debts within two years, other individuals have the alternative to offer a settlement of at least 30 percent within a longer period of a maximum of five years (§ 141 sec.

53), 675; H. Koziol (supra fn. 3), 406; [1982] JBl, 152. A. Koch/H. Koziol (supra fn. 98), nos. 6 et seq. 149 Similar to § 1320 (see supra no. 130) it is thus intermediate between liability based on fault and strict liability. • Plants In the governing provisions on strict liability150 for the operating of plants, the term ‘holder’ is used for the possible defendant. However, this term widely corresponds to the term ‘keeper’. • Product liability The Product Liability Act (Produkthaftungsgesetz, PHG) provides for no-fault liability of the producer of goods that are put into circulation.

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