Dr. Gabriele Schmid - Zur Startseite Lebenslauf Tätigkeitsgebiete Kontakt Honorar
 
  Dr. Gabriele Schmid, Rechtsanwältin  
 

Real Estate Law
General Private Law and Business Law
Family Law and Law of Succession
Constitutional Law and Administrative Law

 

Spezial Fields

I work in contract law, and I also represent my clients in court and other institutions.

In the field of contracts, I draft contracts and implement them, or I help my clients interpret contracts that may have been established many decades ago. Remember that it is better to avoid mistakes by obtaining relevant information on the legal situation and any possible problems in advance.

I also represent my clients in court and in administrative proceedings, and I help them claim their rights and interests both in writing and in meetings. It is important to treat each problem individually and to look thoroughly into each matter. Thus, I have succeeded in solving some rather complex cases.

I can read and write German, English and French.
If you have any questions, please do not hesitate to contact me at office@raschmid.at

If a case becomes too complex for me to deal with on my own, I can help my clients find a specialist attorney. Höhne, In der Maur & Partner have a highly qualified team of attorneys with experiences in many fields. Together we cover almost all relevant legal fields. So we can also help you in “big” cases or special matters, supported by an experienced team of secretaries.

Please find my colleagues’ special fields at www.h-i-p.at
My special fields:


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Real Estate Law

A major part of my work concerns real estate matters.

  • Legal counseling for the purchase or the transfer of houses or apartments is very important. Contact me either for short legal information (before submitting a binding offer) to be on the safe side, or to set up the contract and have it implemented and registered. Let’s discuss individually what you should bear in mind, and what types of rights or titles you may have registered.
    If you ask me to establish a contract, I will draft the text, and I will also see to it that the contract will be executed, i.e. I will obtain any necessary permits, I will calculate property acquisition tax and property registration tax, I deal with questions of the new real estate profit tax, and I will see to it that your title is duly recorded in the land register. Usually, this means that the property will also be released from any previous encumbrances.
    I process trusteeships through the electronic trusteeship register administered by the Vienna Bar Association (for details about the eATHB, go to www.rakwien.at/?seite=klienten&bereich=treuhandbuch).
  • I am happy to help you also with any other legal problems you may have as a property owner or tenant, such as e.g. conclusion of lease contracts, tenant obligations, division of property, disputes and decision-making problems among condominium owners, conflicts with neighbors, trespass, building projects etc.

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General Private Law and Business Law:

I offer comprehensive counseling across various legal fields that may be important to private parties and enterprises, such as

  • Damages and liability:
    Contractual claims (e.g. building contracts), trials after accidents (e.g. compensation for pain and suffering), matters of liability (e.g. avoiding manager’s liability, limiting guarantor’s liability, etc).
  • Injunctive Relief:
    Injunctive reliefs are important business tools. They require swift decisions. Be assured that in our office, urgent matters will be treated with priority.
  • Business Law:
    Let me help you set up a company, make agreements with business partners, transfer your company, organize the establishment of a successor and any other re-structuring process. It is important for your business that any contracts or agreements are clearly worded to avoid disputes, i.e. costs.
  • Assertion of Claims:
    If you have to recover any debts, or if you have to file a claim, we will support you according to your individual needs.
  • Bankruptcy Law:
    A bankruptcy case may bring complicated legal problems for both the creditor and the debtor. Let me explain to you what you may expect.

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Family Law and Law of Succession:

In many cases the family background must be taken into account. Many people tend to underestimate the importance of agreements in private life. Let me give you some examples:

  • Agreements between partners:
    Some agreements should be laid down in writing even if you get along well, e.g. between condominium owners, life partners or a married couple.
  • Last will and testament:
    Have you ever considered whether or not you are happy with the legal regulations for intestate succession? With a will or a gift, you may pass on your assets as you wish. A clear and unambiguous will helps to avoid disputes among heirs. Let me introduce you to the wide variety of possibilities that a will may offer, and the limits stipulated by the law of succession. If you decide to draft a last will and testament, I will organize all necessary formalities, such as witnesses and registration in a Register of Wills (see www.rechtsanwaelte.at/www/getFile.php?id=883). I can also keep the original document if you wish.
  • Advance directive:
    You may consider an advance directive for the case you get seriously ill or handicapped. With such a document, it will usually not be necessary for a court to appoint an agent in case you become incompetent.
  • Health care power of attorney:
    You can lay down your ideas about treatment in a health care power of attorney. Such HCPA can be made legally binding for doctors, if you wish. Let me advise you and have it registered in the Austrian Lawyers’ HCPA Register [Patientenverfügungsregister der österreichischen Rechtsanwälte] to make sure that your document will be found if necessary. For more information about said register, please go to
    www.rechtsanwaelte.at/www/getFile.php?id=884).
  • Representation in family courts:
    Let me inform you about your rights and duties and the various kinds of proceedings, and represent you in court in divorce, alimony, maintenance and probate cases.

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Constitutional Law and Administrative Law:

Do not hesitate to obtain in time legal advice in administrative law and administrative penalty procedures. Let me analyze your legal situation and, if necessary, draft applications or appeal briefs.

In our world, building law and industrial law are important fields of counseling, but sometimes I happen to work in very special legal fields. Thanks to my all-round education and practical experience, I am ready to take up cases in which private law and public law overlap.

 

 
   
 
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