The Notarial Contract is a specialized form of legal documentation in Austria that requires authentication by a licensed notary public. This type of contract is mandatory under Austrian law for certain transactions including real estate transfers, establishment of corporations, matrimonial agreements, and significant business deals. The document must comply with strict formal requirements set forth in the Austrian Notaries Act and related legislation. Notarial Contracts are particularly important when the transaction requires a high degree of legal certainty, involves substantial assets, or when mandated by law. The notary plays a crucial role not just in authenticating the document, but also in advising parties of their rights and obligations, verifying identities, and ensuring the transaction meets all legal requirements. This elevated level of formality and authentication makes the Notarial Contract especially suitable for high-value or legally sensitive transactions where the parties seek maximum legal security and enforceability.
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1. Parties (Die Parteien): Identification of all contracting parties with full legal names, addresses, and registration details if applicable
2. Background (Präambel): Context and circumstances leading to the notarial contract
3. Definitions (Definitionen): Key terms used throughout the contract defined for clarity and legal certainty
4. Subject Matter (Vertragsgegenstand): Clear description of the main subject of the contract
5. Consideration (Gegenleistung): Details of any payment, exchange, or other consideration between the parties
6. Rights and Obligations (Rechte und Pflichten): Detailed description of the rights and obligations of each party
7. Representations and Warranties (Zusicherungen und Gewährleistungen): Formal statements and guarantees made by the parties
8. Duration and Termination (Vertragsdauer und Beendigung): Term of the contract and conditions for termination
9. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Explicit confirmation of Austrian law and jurisdiction
10. Notarial Certification (Notarielle Beurkundung): Formal notarial attestation clause as required by Austrian law
1. Conditions Precedent (Aufschiebende Bedingungen): Used when the contract's effectiveness depends on certain conditions being met
2. Intellectual Property Rights (Immaterialgüterrechte): Include when IP rights are being transferred or licensed
3. Confidentiality (Geheimhaltung): Required when sensitive information is being shared
4. Data Protection (Datenschutz): Include when personal data processing is involved, ensuring GDPR compliance
5. Force Majeure (Höhere Gewalt): Include for long-term contracts or where performance might be affected by external events
6. Assignment and Transfer (Abtretung und Übertragung): Include when rights or obligations may need to be transferred
7. Insurance (Versicherung): Include when specific insurance requirements exist
8. Compliance with Laws (Gesetzeskonformität): Include when specific regulatory compliance is crucial
1. Property Description (Objektbeschreibung): Detailed description of any property involved in the transaction
2. Price List (Preisliste): Detailed breakdown of prices or payments if applicable
3. Technical Specifications (Technische Spezifikationen): Technical details of any goods or services involved
4. Power of Attorney (Vollmacht): If any party is acting through a representative
5. Corporate Resolutions (Gesellschafterbeschlüsse): Required corporate approvals for the transaction
6. Due Diligence Reports (Due-Diligence-Berichte): Summary of any due diligence findings
7. Land Register Excerpts (Grundbuchauszüge): For real estate transactions
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Corporate & Commercial
Family Business
Construction
Manufacturing
Energy
Agriculture
Healthcare
Education
Public Sector
Non-Profit
Relevant Teams
Legal
Corporate Affairs
Compliance
Real Estate
Business Development
Risk Management
Corporate Development
Operations
Administration
Company Secretariat
Relevant Roles
Legal Counsel
Corporate Lawyer
Notary Public
Real Estate Manager
Business Development Manager
Chief Legal Officer
Contract Manager
Compliance Officer
Company Secretary
Property Manager
Transaction Manager
Risk Manager
Corporate Development Director
General Counsel
Legal Administrator
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