Abstract
A recent Supreme Court ruling raises doubts about the legal nature of default interest, also calling into doubt whether contract clauses on default interest should be subject to review under s. 879 para. 3 of the Austrian Civil Code, which provides that clauses relating to ancillary obligations contained in general terms and conditions or contract templates are void if they grossly disadvantage one of the contracting parties. The essay discusses the Supreme Court’s arguments with a view to helping to clarify the issue.
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