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Extra info for Alvin and the Chipmunks - Merry Christmasm Mr. Carroll!
If they live apart not only temporarily. 190 5. Is the parent, who is not awarded the custody of the child and who does not live together with the child, subject to the duty to supervise? 180 In general, there is no such duty. The duty to supervise is in this case not provided by family law. However, since the duty to supervise is qualified as a kind of Verkehrssicherungspflicht, it can also be based on the “assumption of an activity” (see infra nos. ). This is the case if the parent agrees to look after the child or kidnaps it.
Benefits from an accident insurance) also serve to cover disadvantages that have no connection with the damages claims 85 79 80 81 82 83 84 F. Kerschner,  ÖJZ, 288. This was established first in SZ 52/16, explicitly disapproving the previous decision OGH 1 September 1977, 7 Ob 45/77. Cf. R. Reischauer in: P. Rummel (supra fn. 7), § 1310 no. 9. Cf.  JBl, 149 et seq.  VersR, 427. OGH 4 October 2000, 9 Ob 181/00h. 24 Susanna Hirsch raised against the tortfeasor. In such a case85 the OGH considered a reduction of compensation inequitable because of such insurance payments.
16/15. 42 Susanna Hirsch 3. Who is subject to the parental duty to supervise: a) only the parents in a legal sense; b) persons who have the right of custody; c) persons just living together with the child? 171 § 1309 ABGB in its wording does not distinguish the duty to supervise of parents and that of other persons. As expounded above, the duty to supervise can be provided by law, especially by the provisions of the ABGB on custody. Persons who have the right and duty of custody are subject to the duty to supervise the child.
Alvin and the Chipmunks - Merry Christmasm Mr. Carroll!