Austrian Civil Code

Nature of acceptance
871

Original If a party was mistaken with respect to the contents of a declaration given
or received by him, and this mistake affects the essence or the fundamental nature
of that to which the intention of the declaration was principally directed and
expressed, no duties arise therefrom for the mistaken party, provided that this
mistake was caused by the other party, should reasonably have been clear to him
from the circumstances, or was promptly explained to him.
872

Original If a mistake does not affect the principal element of a declaration or au

essential condition of it, but only a secondary matter, a contract based thereon
remains valid insofar as both parries have consented to the principal element and
have not declared the secondary matter as their chief intention; however, a suitable
indemnification shall be paid by anyone who has caused the mistake to a parson
deceived thereby.
Assignment
1392

Original If a claim is transferred from one person to another and is accepted by the
transferee, a novation with the intervention of the new creditor arises. Such a
transfer is called an assignment (cession) and it can be made with or without
consideration.

Subject matter of assignment

1393

Original All alienable rights my be assigned. Rights which are inherent in a person an
which consequently cease with his or her death cannot be assigned. Bearer bonds
are assigned by their delivery and do not require any proof of assignment besides
possession.
1394

Original With respect to an assigned claim, the rights of the assignee are identical
with the rights of the assignor.
1395

Original In an assignment, a new obligation arises only between the assignor

(cedens) and the assignee (cessionarius) of the claim and not between the assignee
and the debtor (cessus). Consequently, the debtor is authorised to pay to the first
creditor or to settle the matter in another way with him, as long as he is not notified
of the assignment.
1396

Original The debtor is no longer able to do so when the assignee is made known to
him; however, he is at liberty to present any defences against the claim. If he
acknowledges the claim as just in regard to a bona fide assignee, he is bound to
satisfy him as his creditor.
Payment of a non-existing debt
Payment of a non-existing debt
1431

Original If a thing or an act which was not due has been performed by mistake, even
if an error of law, the thing can generally be demanded back and a reward can be
demanded for the act which is in proportion to the advantage procured.
1432

Original However, payments of a debt subject to limitation of a debt which is invalid

only because of non-compliance which formalities, or of a debt which according to
the law cannot be enforced by an action or demanded back; this rule applies also to
a payment made by a person who knew that he had no duty to pay.
1433

Original This provision (Article 1932) does not apply in a case where a person under
guardianship or a person who cannot freely dispose of his or her property has made
the payment.
1434

Original The return of payments made can also be demanded if the debt is for any
reason unliquidated or if it depends upon the fulfillment of an added condition.
However, the payment of a just and unconditional debt cannot be demanded back
for the reason that the term specified for payment had not yet ended.
1435

Original Any person who delivered property for an actual debt can demand it back
from the payee it the legal ground for keeping it no longer exists.
1436

Original If a person was obliged to give Only one of two things, according to his own
choice, and has by mistake given both the things, he may demand back either the
one or the other.
1437

Original The payee of a non-existent debt is considered as a bona fide or mala fide
possessor, depending on whether or not he knew tar should have known from the
circumstances that the payor was mistaken.

[Translated from the german edition of August 1, 1966 with the assistance of the
1866 translation by Prof. Dr. Joseph Ritter von Winiwarter]