The obligation to indemnify and hold
PhD student: Dr F. Scholz
Promotor: Prof P. Oberhammer
Duration: 1/10/2012 - 30/9/2017
PhD defence: Vienna, 21/8/2017
The PhD project deals with contractual clauses in which one party (indemnifier) promises the other (indemnifiee) to be indemnified and hold harmless in respect to certain existing or potential obligations vis--vis third parties, or even broader in respect to the risk that liabilities might arise from a certain activity. In most cases, this will result in an obligation for the indemnifier to pay the indemnifiees debt to their creditor. Since such an agreement between the indemnifier and the indemnifiee cannot prevent creditors of the indemnifiee to approach the latter for payment of his debts, complicated legal questions arise, when the indemnifier does not hold up to their obligation under the agreement and the indemnifiee now seeks to enforce their right to be indemnified.