Civil procedure code of Austria

The Austrian Code of Civil Procedure ( ZPO; abroad: öZPO ) regulates " the judicial process in civil litigation " and thus constitutes the central rules of procedure for judicial disputes over private law claims

History

Civil Procedure came under Article I, Section 1 of the Act of 1 August 1895 concerning the introduction of the law on the judicial proceedings in civil litigation ( Civil Procedure), RGBl. 112/1895 (short Introductory Act to the Civil Procedure Code or EGZPO which contained in addition transition provisions also include provisions for exchange arbitration ) on 1 January 1898 in force. Creator of this law was the then officials in the Ministry of Justice Franz Klein, which is in force to this day and has since been amended over 75 times. Even after the "Anschluss of Austria" to the German Empire remained in the former Austrian territories the Code of Civil Procedure in force.

The provisions of the Code of Civil Procedure are in principle also applicable in proceedings concerning labor and social law matters, is not so far arranged in the Labour and Social Courts Act otherwise.

Since which entered into force on 1 January 2005, new non-contentious law contains a comprehensive own, the needs of the non-contentious procedure adapted the method which the provisions of the Code of Civil Procedure are in the process except disputes not simply be applied mutatis mutandis, but only there and in the extent to which explicitly placing the non-contentious law, such as the provisions on legal capacity, a subsidiary over Agent, on the guidance and duty of the judge, the recording of evidence, the correction and integration of decisions about protocols, files, meeting police, insults pleadings, penalties, etc. on time limits

Content

The Code of Civil Procedure governs the party and process capability, the position of the parties and functions and powers of the judge, the principles for briefs, deadlines and Tagsatzungen and consequences of failure to act on the general principles of procedure, the course of the trial of the action until judgment and the provisions on judgments and decisions, appeal procedures and special forms of procedure.

Not in the Civil Procedure Act, but the Act of 1 August 1895 on the exercise of jurisdiction and the jurisdiction of the ordinary courts in civil matters ( Jurisdiction Act ), RGBl. 111/1895, regulated the substantive and territorial jurisdiction of the courts in civil law matters, including succession of appeals on appeal, and the composition of the courts, depending on the jurisdiction (Single Judge - Senate, see Court System in Austria ).

The foreclosure is not in the Code of Civil Procedure, but in the law of 27 May 1896 the of Execution and Sicherungvserfahren ( Enforcement Procedures ), RGBl. 79/1896, regulated.

Structure

  • First part. General provisions First section. parties process capability
  • Joinder and main intervention
  • Involvement of third parties to the dispute
  • Representative
  • Process costs
  • Security for litigation costs
  • Legal Aid.
  • Second Section. method briefs
  • Deliveries
  • Deadlines and Tagsatzungen
  • Consequences of failure to comply, re-establishment of rights
  • Interruption and suspension of the proceedings.
  • Section Three. Oral proceedings public
  • Arguments of the parties and process management
  • Meeting police
  • Comparisons
  • Protocols
  • Files
  • Punish
  • Sunday rest and negotiation of free time.
  • First section. Proceedings until the judgment Action, defense, preparatory procedure and settlement negotiations
  • General provisions on the evidence and the evidence
  • Proof by documents
  • Evidence of witnesses
  • Evidence by experts
  • Proof by inspection
  • Proof by examination of the parties
  • Safeguard evidence.
  • Second Section. Judgments and orders judgments
  • Decisions
  • Third part. Proceedings before the district courts
  • Part Four. remedy First section. appeal
  • Second Section. revision
  • Section Three. appeal
  • Part Five. Revocation and re- Shoo action
  • Part Six. Special types of the method First section. European Small Claims Procedure
  • Second Section. Process in exchange disputes
  • Section Three. Procedures for disputes arising from the contract stock
  • Section Four. arbitration

The courts

The civil jurisdiction is exercised by the ordinary ( state ) courts. The Court of First Instance, the parties' claims accept to carry out the proof procedure and - if there is no prior reasons other to end the procedure - to make a judgment. The decisions of the Court of First Instance are subject to review by the Appellate Court and, in some cases, of the Supreme Court (OGH ).

Jurisdiction

The jurisdiction of the respective origin is not regulated by the Code of Civil Procedure itself, but in another law, the jurisdiction standard ( JN ). The individual jurisdiction of the court arises from two components:

First local jurisdiction This is the existence of a local attachment point for a case which establishes the jurisdiction. A distinction is made between

  • The general jurisdiction ( domicile of the defendant )
  • The exclusive jurisdiction ( which exclude the general jurisdiction; eg place of location of the Rental, the pledged item )
  • Choice of jurisdiction (which the plaintiff may choose instead of a general or exclusive jurisdiction, eg place of causing damage, place of performance of the contract )
  • Compulsory jurisdiction (for example, class actions )

Second matter jurisdiction This is the absence of objective connecting factor for a case (eg, general litigation, commercial matters, labor and social welfare cases, inventory items, marriage)

In addition, some agreements between the parties regarding jurisdictions are allowed.

Of appeal

In order to decide in the first instance can be called:

1st district courts in cases

  • Involving amounts of up to € 15.000, -
  • In cases that are explicitly assigned to the district courts (eg inventory stuff, marriage stuff, possession disorders)

2 state courts in cases

  • Involving amounts of more than € 15.000, -
  • In cases that are explicitly assigned to the regional courts (eg, labor and social law matters, public liability matters)

To check the first instance decisions of the district courts are the district courts, that the state courts are called the Courts of Appeal.

If then another appeal to the Supreme Court is permitted, which shall decide in the third and final instance in any case.

Reception

The Austrian Code of Civil Procedure was largely (but with a different count and instead of paragraphs labeled products ) taken in the Principality of Liechtenstein and is still in force (Law of 10 December 1912, the court proceedings in civil litigation [ of Civil Procedure ], Law Gazette 9 / 1/1912, FL - ZPO).

The changes in the Austrian Code of Civil Procedure be adopted in Liechtenstein at different times and with amendments and adjustments to the national characteristics ( see, eg, in terms of security for costs ).

From the case law in Liechtenstein law of the Austrian Supreme Court ( OGH ) is used for the Austrian Code of Civil Procedure for the interpretation of the Code of Civil Procedure Liechtenstein partially.

Lawsuit Court order May 27
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